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Full text of "North Carolina Register v.10 no. 18 (12/15/1995)"












NORTH CAROLINA 

REGISTER 

■ 



; V SBTT 



. 



VOLUME 10 • ISSUE 18 • Pages-2315 - 2477 
December 15, 1995 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611- 744 7 
Telephone (919) 733-2678 
Fax (919) 733-3462 



IN THIS ISSUE 

Final Decision Letter 

Commerce 

Cultural Resources 

Environment, Health, and Natural Resources 

Human Resources 

Insurance 

Medical Examiners 

Substance Abuse Professionals Certification Board 

Rules Review Commission 

Contested Case Decisions 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11. 13 



NORTH CAROLINA 



IN THIS ISSUE 




Volume 1 O, Issue 1 8 
Pages 23 1 5 - 2477 



December 15, 1 995 



This issue contains documents officially 
filed through November 22, 1995. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann HI, Director 

James R. Scarcella St., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



I. IN ADDITION 

Environmental Management Commission 2316 

Voting Rights Act 2315 



II. RULE-MAKING AGENDA 

Environment, Health, and Natural Resources 



2317 - 2397 



III. RULE-MAKING PROCEEDING 
Commerce 

Credit Union Division 2398 

Cultural Resources 

USS Battleship Commission 2398 

Environment, Health, and Natural Resources 

Environmental Management 2400 

Human Resources 

Medical Assistance 2398 - 2399 

Medical Care Commission 2399 

Insurance 

Actuarial Services Division 2399 - 2400 

Life and Health Division 2399 

Licensing Boards 

Medical Examiners, Board of 2400-2401 

Substance Abuse Professionals Certification 
Board 2401 

IV. TEMPORARY RULES 

Social Services Commission 2402 

V. RULES REVIEW COMMISSION 2403 - 2416 

VI. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 2417-2432 

Text of Selected Decisions 

94 OSP 1773 2433-2441 

95 OSP 0047 2442 - 2448 

95 OSP 0777 2449-2450 

Vn. CUMULATIVE INDEX 2452-2477 



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00 



IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



U.S. Department of Justice 

Civil Rights Division 

DLP:GS:TGL:jdp Voting Section 

DJ 166-012-3 P.O. Box 66128 

95-2665 Washington, D.C. 20035-6128 



October 20, 1995 

Robert C. Cogswell, Jr., Esq. 

City Attorney 

P.O. Box 1513 

Fayetteville, North Carolina 28302-1513 

Dear Mr. Cogswell: 

This refers to four annexations (Ordinance Nos. 95-1-402 to 405) and their designation to districts of the City of 
Fayetteville in Cumberland County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting 
Rights Act, 42 U.S.C. 1973c. We received your submission on August 28, 1995. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 
5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 



Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 



By: 



Elizabeth Johnson 
Acting Chief, Voting Section 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2315 



IN ADDITION 



* 



STATE OF NORTH CAROLINA 
ENVIRONMENTAL MANAGEMENT COMMISSION 

PUBLIC NOTICE OF AVAILABILITY OF 303(d) LIST 



Announcement is hereby given of the availability of North Carolina's 303(d) list. Section 303(d) of the Clean Water Act 
requires states to develop a list of waters not meeting water quality standards or which have use impairment and where 
existing control strategies for point and nonpoint source pollution will not achieve the standards or uses designated for that 
waterbody. North Carolina has developed its 1996 303(d) list, and the list is available for review and comment. 

INFORMATION: A copy of the 303(d) list is available by writing or calling: 

Ruth C. Swanek, Supervisor 

Instream Assessment Unit 

Water Quality Section 

N.C. Division of Environmental Management 

P.O. Box 29535 

Raleigh, North Carolina 27626-0535 



Telephone (919)733-5083, ext. 503 

Persons wishing to comment on the list are invited to submit their comments in writing to the above address no later than 
January 31, 1996. All comments received prior to that date will be considered when revising the list. 



' 



The 303(d) list and supporting information are on file at the Division of Environmental Management, 512 N. Salisbury 
Street, Archdale Building, Raleigh, North Carolina. They may be inspected during normal office hours. Copies of the 
information on file are available upon request and payment of costs or reproduction. 



Date: November 15, 1995 



s/Steve W. Tedder, Chief 
Water Quality Section 
Division of Environmental Management 



' 



2316 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



RULE-MAKING AGENDA 



TITLE 15A 
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

This agenda will serve as the notice of rule-making proceedings for the following rule-making bodies from December 15, 
1995 through February 13, 1996: 

Department of Environment, Health, and Natural Resources - to rules codified in 15 A NCAC 1; 

Environmental Management Commission - to rules codified in 15A NCAC 2; 

Marine Fisheries Commission - to rules codified in 15A NCAC 3; 

Coastal Resources Commission - to rules codified in 15A NCAC 7; 

Division of Radiation Protection Commission - to rules codified in 15A NCAC 11; 

Parks and Recreation - to rules codified in 15A NCAC 12; 

Commission for Health Services - to rules codified in 15A NCAC 13, 16, 18, 19, 20, 21, 23, 24 & 25; 

This agenda does include references to rules that have been previously published in the North Carolina Register. 



ADULT HEALTH PROMOTION 
APA # SUBJECT 

H5669 HIV Medications Program 

COASTAL MANAGEMENT 
APA # SUBJECT 

El 155a Permits for Private Moorings 

E1553 CRC Guidelines for Preparation of 

Local Land Use Plans 
E1554 Free Standing Moorings 

El 594 CRC rule amendments to more 

clearly state the type of structures 

that can be permitted 
E1595 CRC definition of "threatened 

structure" 
E1757 CAMA General permit for 

Replacing Bridges and Culverts 

in the Coastal Zone 
El 758 The rule will allow permits to 

be issued for the filling of canals, 

basins & ditches 
El 759 Vegetation line identification 

after beach nourishment projects 
E1760 New definition of the term 

"structure" as used in CRC rules. 
E1761 Revised priorities for awarding 

local planning and management 

grants to local governemnts in 

the coastal area. 
El 762 Revisions to the general policy 

guidelines for shorefront access 

in the coastal area 
E1770 Beach Nourishment/Spoil Disposal: 

Vegetation line identification 
El 786 Coastal Energy Policies 



RULE CITATION # 

15A NCAC 16A .1001, .1002-. 1006 



RULE CITATION # 

15 A NCAC 7H .2201 -.2205 

15A NCAC 7B .0101, .0201-.0216, .0401-.04O6, .0501-.0507 

15A NCAC 7H .0208 

15A NCAC 7H .0309 & .0310 



15A NCAC 7H .0308, .1705; 7K . 0103 
15 A NCAC 7H .2301 -.2305 

15 A NCAC 7H .0208 

15A NCAC 7H .0305 
15A NCAC 7H .0106 
15A NCAC 7L 

15A NCAC 7M .0300 

15A NCAC 7H .0308 
15A NCAC 7M .0400 



ENVIRONMENTAL HEALTH/ENVIRONMENTAL HEALTH SERVICES 
APA # SUBJECT RULE CITATION # 

H5601 Changes to 15A NCAC 18A .2600 15A NCAC 18A .2600 

"Rules Governing the Sanitation 
of Restaurants and other food" 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2317 



RULE-MAKING AGENDA 



handling establishments" 
H5602 Amendments to Local Health 

Standards Rules 
H5603 Distribution of Funds to Counties 

H5604 Update of "Rules Governing the 

Sanitation of Lodging Places" 
H5605 Sanitation of Public, Private 

and Religious Schools 
H5980 Sanitation of Restaurants and 

Toilet Facilities 
H5981 Update of "Rules Governing the 

Sanitation of Lodging Places" 
H6025 Lead Poisoning Prevention in 

Children 
H6046 Frequency of Establishment 

H6052 Transitional Permits 



15A NCAC 25 .0213 

15A NCAC 18A .2900 

15A NCAC 18A .1801, -.1808, .1810-.1814, .1818 

15A NCAC 18A .2400 

15A NCAC 18A .2601, .2618, .2624, .2632, .2635 & .2636 

15A NCAC 18A .1801-. 1808, .1810-.1814, .1818 

15ANCAC 18A .3101 - .3106 

15A NCAC 25 .0213 
15A NCAC 18A .2702 



1 



ENVIRONMENTAL HEALTH/ONSITE WASTEWATER INSPECTIONS 



APA# 
H5606 



H5607 



H5608 



H6026 



RULE CITATION # 

15A NCAC 18A .1900 ET. SEQ. 



15A NCAC 18A .1900 ET. SEQ 
15A NCAC 18A .1900 ET.SEQ 



15A NCAC 18D .0105, .0201, .0307, .0308, .0405, .0701 



SUBJECT 

Separate the Existing On-site 
Subsurface Disposal Rules 
Into Large (> .3000gpd) 
and Small System Rules 
Subsurface Disposal of Industrial 
Process Wastewater 
to Make Technical and Clarity 
Changes to Existing 
On-sitesubsurface Rules 
Definitions, Grades of Certification, 
Revocation of Certificate, Continuing 
Education, Reciprocal Certificates, 
Operators in Responsible Charge 



ENVIRONMENTAL HEALTH/PUBLIC WATER SUPPLY 

APA # SUBJECT RULE CITATION # 

H6045 Public Water Supply 15A NCAC 18A .1720, .1722, 

H6047 Backflow Prevention/Cross 15A NCAC 18C .0102, .0406, 

Connection Control 

ENVIRONMENTAL MANAGEMENT/AIR QUALITY 



< 



.1723, 
.0709 



.1725 - .1727 



APA# 

E1273 
El 297 
El 298 

E1299 

E1301 



El 302 
El 303 

El 304 

El 305 



SUBJECT 

Interim Standards 

Title V permitting rules 

Emissions Standards for Rendering 

Plants 

American Society for Testing 

Materials (ASTM) References 

Control of Particulate Emissions 

from Woodworking and Spray 

Paint/Finish Booths 

Control of fugitive dust from 

roads and sandblasting 

Case-by-case Maximum Achievable 

Control Technology Requirements 

Permit Exemptions 

Capture efficiency test procedures 

for Volatile Organic Compounds 



RULE CITATION # 

15A NCAC 2D .0950 
15A NCAC 2Q .0500 
15A NCAC 2D .0539 

15A NCAC 2D .0104 

15A NCAC 2D .0512 and .0515 

15A NCAC 2D .0506, .0509, .0510, .0511 and other applicable rules 

15A NCAC 2D . 1 109 & 2Q .0503, .0526 

15A NCAC 2Q .0102 
15A NCAC 2D 



' 



2318 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



RULE-MAKING AGENDA 



E1306 Control of Emissions from Open 

Burning 
E1314 Recordkeeping and reporting 

requirements for incinerators 
E1315 Permit Procedures for Toxic Air 

.0533, 

Pollutants 
.0610; 

E1316 Case-by -case Maximum Achievable 

Control Technology Requirements 
E1355 VOC RACT Applicability and 

Compliance 
El 356 VOC Controls for Gasoline bulk 

plants and terminals 
El 357 Stage I & II gasoline vapor 

recovery 
El 358 RACT Clarifications 

El 359 Cross reference corrections 

E1360 Acceptable ambient levels for 

toxic air pollutants 
E1404 1,1,2,2, TETRACHLOROETHANE 

E1405 112(G) of the Federal Clean Air Act 

El 406 112(J) of the Federal Clean Air Act 

E1407 112(L) of the Federal Clean Air Act 

E1408 AAL for Chlorine and Chlorine 

Dioxide 
El 409 AAL for Formaldehyde 

E1410 Acid Rain Monitoring(some, if not 

all, Include Enhanced Monitoring) 
E1411 Acrylonitrile and Perchioroethylene 

E1412 Addition of New Source Performance 

Standards and National Emission 

Standards for 
E1413 Additional Reasonably Available 

Control Technologies for Volatile 

Organic Compounds 
E1414 Air Toxic Compliance Schedules 

E1415 Asbestos: Open Burning 

E1416 Astm References in General Rule 

E1417 Bubble, banking, netting, offsets 

E1418 Chromium(VI) Test Method 

E1419 Clarification of 5TPY potential 

Emission Permit Exemption and 

of HAP Emission P 
E1420 Clarification of Air Toxic Rules 

E1421 Clarification of Pounds of Emissions 

per Gallon of Solids in Voc Rules 
El 422 Clarification of Reasonably Available 

Control Technology Rules for Coating 

Operation 
E1423 Clarification of Stage II Requirements 

E1424 Corrections of Deficiencies in Sulfur 

Dioxide Standards Not Elsewhere 

Covered 
El 425 Cross-reference Corrections 

El 426 Defines Diacetone Alcohol as a 



15A NCAC 2D .0520; .1901 - .1905 

15A NCAC 2D .1204 

15A NCAC 2D .1110 - .1111, .0501, .0516, .0518, .0521, .0524, 

.0535, .0537, .0601, .0604, .0608, .0902, .1202, .1204-. 1206; 2H 



2Q .0102-.0103, 
15A NCAC 2D 

15A NCAC 2D 

15A NCAC 2D 

15A NCAC 2D 

15A NCAC 2D 
15A NCAC 2D 
15 A NCAC 2D 

15A NCAC 2D 

15A NCAC 2D 

N/A 

15A NCAC 2D 

15A NCAC 2D 

15A NCAC 2D 
15A NCAC 2D 



.0109, .0302, .0502, .0508; 2D .0525 
1109 

0902, .0907, .0911, .0952, .0954 

0926, .0927 

0928, .0953, .0954 

0917-.0924, .0934, .0935, .0937, .0951 
0538, .0531, .0901, .0926 
1104, 2H .0610 (or 2Q .0711) 

1104, .0610 
1109 

1109 

1104, 2H .0610 

1104, 2H .0610 



15A NCAC 2H .0610, 2D .1104 



15A NCAC 2D 


.1112 




15A NCAC 2D 


.0520 




15A NCAC 2D 


.0104 




15A NCAC 2D 


.0501 and other new 


rules 


15A NCAC 2D 


.1203 




15A NCAC 2Q 


.0102 




15A NCAC 2D 


.1104 




N/A 







15A NCAC 2D 
15A NCAC 2D 



15A NCAC 2D 
15A NCAC 2D 



0953,-0954 
0600 



0538, AND .0926 
0950 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2319 



RULE-MAKING AGENDA 



E1427 
E1428 
El 429 
El 430 

E1431 
E1432 

E1434 

E1435 

E1437 

E1438 

E1439 
E1440 

E1441 
El 442 
E1443 
E1444 

E1445 
E1446 

E1447 

E1448 

El 449 
El 450 

E1451 
El 452 

El 453 
El 454 

E1455 

El 456 

El 457 

E1561 



E1572 

E1573 
E1574 

E1575 



Non-photochemically Reactive 

Compound in Rule on 

Enhanced Monitoring 

Enhanced Monitoring Rule Schedule 

Enhanced Monitoring Rules 

Financial Qualifications and 

Substantial Compliance 

Fugitive Dust from Roads 

Gasoline Emergency Generator 

Permit Exemption 

HCFC-22 Correction and Cross- 

Reference Correction 

Hosiery Knitting Permit Exemption 

Malfunction Notification and 

Clarifications 

Miscellaneous Volatile Organic 

Compounds 

ODOR RULE 

Open Burning and Prohibitions and 

Permits 

Open Burning of Transported 

Open Burning Regulation 

Other Acid Rain Requirements 

Particulate Emission Standard for 

Air Curtain Burners 

Particulate Spray/finish Booth 

Particulate Woodworking and 

Coating Operations 

Perchloroethylene Dry Cleaner 

Permit Exemption 

Pet Crematories Temperature 

Measurement Exemption 

Quality Assurance Plans 

Recodification of 2H .0610 to 

2Q .0700 

Rendering plant controls 

Rules Containing EPA's MACT and 

GACT 

SANDBLASTING 

Small Motor Repair Bake-off Oven 

Incinerator Permit Exemption 

Stack Testing and Reporting and 

Recordkeeping 

Voc Capture Efficiency Test 

Procedures 

Voc Emission Standards (Modeling 

Results) 

Proposed Reclassification of the 

North Toe River Water Supply 

Watershed (Avery County) 

On-site Distillation for Recycled 

Solvents 

Permit Fees 

Definition of Volatile Organic 

Compound 

Parking Facility Permitting 

Thresholds 



15A NCAC 2D .0600 



15A NCAC 2D or 2Q 




15A NCAC 2D .0506, 


.0509, .0510,.0511 


15A NCAC 2Q .0102 




15ANCAC 2D .0531, 


.0901,. 0926 


15A NCAC 2Q .0102 




15A NCAC 2D .0535 




15A NCAC 2D .0518 




15A NCAC 2D .0522 




15A NCAC 2D.. 0520 




15A NCAC 2D .0520 




15A NCAC 2D .0520 




15A NCAC 2D or 2Q 




15A NCAC 2D .1904 




15A NCAC 2D .0515 




15A NCAC 2D .0512 




15A NCAC 2Q .0102 




15ANCAC 2D .1204 




15A NCAC 2D .0600 




15A NCAC 2H .0610 




15A NCAC 2D .0539 




15A NCAC 2D .111 




15A NCAC 2D .0540 




15A NCAC 2Q .0102 




15ANCAC 2D .0501, 


0900(SECTION) 


15A NCAC 2D .0900 





♦ 



t 



15A NCAC 2B .0304 (FRENCH BROAD RIVER BASIN) 



15A NCAC 2D .0518 

15A NCAC 2Q .0109, .0201 - .0204, .0207 
15A NCAC 2D .0531 and .0901 

15A NCAC 2D .0802, .0805 



< 



2320 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



RULE-MAKING AGENDA 



El 576 Air Quality Permitting Rules 

E1577 Minor Permit Revisions for non- 

Title V and Inadvertent 

Exceedence of Permit Condition 
El 578 Emergency Exceedance of Permit 

Condition 
E1618 Acid Rain Permitting Procedures 

El 664 Nitrogen Dioxide Emission 

Standards 
El 665 Permits for facilities at 

multiple temporary sites 
El 666 VOC RACT for Petroleum Refineries 

El 667 Generic Alternative Control 

Procedures 
El 690 Exempt Wake and Durham counties 

from oxygenated fuel requirement 
E1717 ETO Sterilization 

E1718 Municipal Waste Combusters 

El 7 19 Crush Stone Operations 

E1720 Excess Emissions Reporting and 

Malfunction 
El 721 Confidentiality 

El 722 Particulate Emission Standards 

El 723 Grain Elevator Permitting 

El 772 Enhanced Monitoring 

E1773 Sulfur Dioxide SIP Deficiencies 

El 774 Updating stack testing and 

reporting and recordkeeping 
E1775 PM10 Test Methods 

El 776 Off-Permit for Non-Title V 

Facilities 
El 777 Standard for basecoat/clear coat 

coating metal products 
E1778 Clarify Odor Rule 

E1779 Malfunction Reporting 



15A NCAC 2Q .0103, .0501, .0503, .0507, 2D .0101 
15A NCAC 2Q .03XX and 2D .05XX 



15A NCAC 2D .05XX 

15A NCAC 2Q .0401-.0418 
15ANCAC 2D .0519 

15A NCAC 2Q .0311 

15A NCAC 2D .0929 
New Rule 

15A NCAC 2D .1302, .1304, .1301 

15A NCAC 2D .0538 
15A NCAC 2D .1200 
15A NCAC 2D .0510 
15A NCAC 2D .0535 

15A NCAC 2Q .0107 

15A NCAC 2D .0506-.0511, .0513-.0515 

15A NCAC 2Q .0102,.0805 

N/A 

15A NCAC 2D .0600 Section 

15A NCAC 2D .0501, 15A NCAC 2D 

.0900 section, 15A NCAC 2D .0600 

15A NCAC 2D .0501 

15A NCAC 2Q .03XX 

15A NCAC 2D .0934 



15A NCAC 2D 
15A NCAC 2D 



0522 
0535 



ENVIRONMENTAL MANAGEMENT/CONSTRUCTION GRANTS 



APA # SUBJECT 

E1387 1994-1996 Triennial Water Quality 

Standard Review 



RULE CITATION # 

15A NCAC 2B .0101, .0104, .0106, .0201-02, .0208, .0211-.0212, 
.0214-.0216, .0218, .0219-.0222, .0223-.0225, .0228-.0229 and .0301 



ENVIRONMENTAL MANAGEMENT/GROUNDWATER 



APA# 

El 459 



El 460 



E1461 



El 462 



El 463 



El 476 



SUBJECT 

Criteria and Standards Applicable 

to Underground Storage Tanks 

(UST rules) 

Capacity Use Area Water 

Withdrawal(capacity Use 

Groundwater Rules) 

Cape Fear/northeast Cape Fear 

Peninsula Area Rs Designation 

Requests for Variances Pursuant 

to 15A NCAC 2L 

Well Contruction Standards; 

Underground Injection Wells 

Classifications and Groundwater 

Quality Standards (Chloroethane 



RULE CITATION # 

15A NCAC 2N .0102, .0104, .0203, .0301-.0303, .0405, .0501-.0506, 
.0703, .0706, .0707, .0801-.0803 

15A NCAC 2E 



15A NCAC 2L .0104 

15ANCAC 2L .0113 

15A NCAC 2C .0201-.0214 (AMEND), 
.0215(ADOPTION) (VARIANCE), . 02 16( ADOPTION) 
15A NCAC 2L .0202 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2321 



RULE-MAKING AGENDA 



and Diphenyl) 
El 546 Well Construction Standards: 

Underground Injection Wells 
El 692 Classifications and Groundwater 

Quality Standards (18 chemicals) 
El 790 Corrective Action (Requirements 

for Risk Determination and 

Cleanup Costs) 

ENVIRONMENTAL MANAGEMENT /WATER 
APA # SUBJECT 

El 184 Allen Creek Watershed 

Reclassification 
E1242 Clarification of Wetlands rules 



15A NCAC 2C .0201, .0204-.0216 

15A NCAC 2L .0202 

15A NCAC 2L .0106; 2P .0402(a) 



QUALITY 

RULE CITATION # 

15A NCAC 2B .0304 



# 



E1376 



E1378 



E1458 
El 464 

El 465 

El 466 
El 467 

El 489 



E1691 



El 703 

E1735 
E1738 



E1741 



El 787 



E1788 



El 789 



Proposed reclassification of a 

former drinking water supply 

source for Washington 

Proposed reclassification of a 

stream that is not used as a 

drinking water supply 

Wastewater Re-use 

Epa Permitting Rules Update 

And/or Technical Modifications 

Triennial Review of Water Quality 

Standards 

Use Restoration Waters (Urw) 

Water Supply Protection Rules 

Modification 

Assignment of Surface Water 

Classifications for several river 

basins 

Proposed future water supply 

reclassification for Town Fork 

Creek (Forsyth & Stokes) 

Use Restoration Waters (URW) 

Supplemental W. Q. Classification 

Reuse of Reclaimed Wastewater 

Proposed Reclassification of 

former water supply watershed. 

(Austin Creek) 

Proposed reclassification of 

French Broad River (lower-Class 

C, upper Class WS-IV) and Mills 

River as Class WS-HI os WS-H 

To delete duplicative and 

conflicting stormwater management 

requirements (ORW & HQW) areas). 

Proposed management strategy for 

Thorpe Reservoir (Little Term. 

River Basin 

Amendment of Water Quality 

Standards Rule 



15A NCAC 2B .0101,. 0103, .0109,.0201,. 0202. .0220; 2H .0501-.0504, 

.0506 

15ANCAC 2B .0316 



15A NCAC 2B .0304 



15A NCAC 2H .0100 AND .0200 

NA 

NA 

NA 
NA 

15A NCAC 2B .0303, .0308, .0309, .0310, .0315 and .0316 



15A NCAC 2B .0313 Roanoke River Basin 



t 



15A NCAC 2B .0202 and 2B .0229 

15A NCAC 2H .0219 
15ANCAC 2B .0315 



15A NCAC 2B .0304 (French Broad River Basin) 



15A NCAC 2B .0224, .0225 



15A NCAC 2B .0303; .0224; .0227 



15A NCAC 2B .0216 



EPIDEMIOLOGY/ENVIRONMENTAL EPIDEMIOLOGY 



APA # SUBJECT 

H5979 Asbestos Hazard Management 



RULE CITATION # 

15A NCAC 19C .0602- 



0609 



< 



2322 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



RULE-MAKING AGENDA 



Program 
EPIDEMIOLOGY/OCCUPATIONAL HEALTH 



APA # SUBJECT 

H5783 Increase fee for x-rays in Dusty 

Trades Program 

EPIDEMIOLOGY/VITAL RECORDS 
APA # SUBJECT 

H5833 Research Requests 

LABORATORY SERVICES 
APA # SUBJECT 

H5972 Laboratory Certification for 

laboratories analyzing drinking 
water 



RULE CITATION ft 

15A NCAC 19C .0206 



RULE CITATION # 

15A NCAC 19H .0702 



RULE CITATION # 

15A NCAC 20D .0233, .0234, .0236, .0241, .0242, .0243, .0247-.0252 



LEGISLATIVE AFFAIRS 
APA # SUBJECT 

A3828 Minimum Criteria Thresholds for 

Non-major Activities Under the 
NCEPA 



RULE CITATION # 

15A NCAC 1C .0101, .0503 and . 0504 



MARINE FISHERIES 
APA # SUBJECT 

N1564 
.0301, 
.0204, 



RULE CITATION # 

Marine Fisheries Commission Rules 15A NCAC 31 .0001, .0005, .0018; 3J .0103-. 0104, .0107, .0202, 

.0401-.0402; 3K .0104-.0105, .02O1-.0202; 3L .0301-.0302; 3M .0202, 

.0301, .0401, .0501, .0503-.0504, .0506-.0508, .0510-.0511; 3R 



.0003-.0005, 



.0007 
Marine Fisheries Commission Rules 15A NCAC 3J .0403 



N1573 

MATERNAL-CH I I.D I! i E<% f ,TI 



APA# 


SUBJECT 


H5779 


North Carolina Hemophilia 




Assistance Plan 


H5968 


Children's Special Health 




Services Adoption Provision 


H6007 


North Carolina Hemophilia 




Assistance Plan 


PARKS AND RECREATION 



APA # SUBJECT 

N1315 Comprehensive Overhaul of Rules 

Within 15A Chapter 12, Subchapter 
A,B,C, and J 



RULE CITATION # 

15A NCAC 21F .1102 (a)(5); .1103 (3); .1105 (b) 

15A NCAC 21F .0800 

15A NCAC 21F .1101, .1102, .1103, .1105 



RULE CITATION # 

15A NCAC 12 SUBCHAPTER A,B,C,J 



POST MORTEM MEDIOCOLEGAL EXAMINATION 

APA # SUBJECT RULE CITATION # 

H5612 Medical Examiner Hospital Fee 15A NCAC 23 .0204 

H5613 Medical Examiner Investigation Fee 15A NCAC 23 .0201 

H5614 Medical Examiner Radiology Fee 15A NCAC 23 .0203 

PURCHASE OF MEDICAL CARE SERVICES 

APA# SUBJECT RULE CITATION # 

A3809 Annual Net Family Income 15A NCAC 24A .0203 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2323 



RULE-MAKING AGENDA 



A3823 


Determination of Financial 




Eligiblity 


A3824 


Income Documentation 


A3825 


Determination of Family Size 


A3826 


Definitions 


RADIATION PROTECTION 



APA § SUBJECT 

El 704 Exemption of certain on-site 

waste management and disposal 
from certain G. S. 104E 
paragraphs 

SOLID WASTE MANAGEMENT 
APA # SUBJECT 

El 154 Permitting for Municipal Solid 

Waste landfill facilities 
E1319 Local Government Comprehensive 

Solid Waste Management Plans 
El 373 Municipal Solid Waste (MSW) 

Compost Facilities 
El 473 Permit by Rule for Small Tire 

Collection Sites 
El 475 Solid Waste Management Facility 

Operator Training 
El 558 SEPT AGE MANAGEMENT 

El 567 Rules for Privatizing State 

Oversight Role at Voluntary 

Cleanup Sites 
El 579 Municipal Solid Waste Landfills 

El 724 Corporate Financial Assurance 

SOLID WASTE/HAZARDOUS WASTE 
APA # SUBJECT 

E 1 7 1 2 Amendment of Universal Waste 

Rules 



15A NCAC 24A .0202 

15A NCAC 24A .0301 
15A NCAC 24A .0204 
15A NCAC 24A .0102 



RULE CITATION # 

15A NCAC 11 .0349 



♦ 



RULE CITATION # 

15A NCAC 13B .1603 

15A NCAC 13B .1801-.1812 

15A NCAC 13B Section .1401 - .1409, .0901 - .0905 

15A NCAC 13B .1100 

15A NCAC 13B 

15A NCAC 13B .0802 THROUGH .0829 
15A NCAC 13C. 0300 (New Section) 



15A NCAC 15A NCAC 13B .0103, .0101, and .0503 
15A NCAC 13B .1628 



RULE CITATION # 

15A NCAC 13A .0006 and .0019 



t 



SOLID WASTE/INACTIVE SITES 



APA # 

El 468 



El 469 



El 470 



E1471 



SUBJECT 

Rules Dealing with House Bill 

1961 Entitled "Encourage 

Voluntary Remediation" 

Rules Dealing with House Bill 

1961 "Encourage 

Voluntary Remediation" 

Rules Dealing with House Bill 1961 

Entitled "Encourage 

Voluntary Remediation " 

Rules Dealing with House Bill 1961 

Entitled "Encourage 

Voluntary Remediation" 



RULE CITATION # 



APA #: A3 809 

SUBJECT: Annual Net Family Income 
RULE CITATION #: 15A NCAC 24A .0203 
STATUTORY AUTHORITY: G.S. 130A-5(3); 130A-124; 



130A-127; 130A-129; 130A-205 



< 



2324 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



RULE-MAKING AGENDA 



DIVISION/SECTION: PURCHASE OF MEDICAL CARE SERVICES 

DIVISION CONTACT: Susan C. Anderson 

DIVISION CONTACT TEL#: (919)733-6305 

DATE INITIATED: 4/21/95 

DURATION OF RULE: Permanent 1/1/96 

TYPE OF RULE: Amendments(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: State 

REASON FOR ACTION : 

The current rule lists Supplemental Security Income (SSI) benefits as a resource that is not included in gross family 
income. Social Security benefits, Public Assistance money, Unemployment compensation, and other similar sources 
of income are counted in gross family income. We find no justifiable reason to exempt SSI from consideration of 
gross family income, therefore, we are seeking to amend this rule accordingly. 

SCOPE/NATURE/SUMMARY : 

Defines what income must be counted in computing gross family income and what expenses may be deducted to 
arrive at annual net family income for the purpose of determining financial eligibility. 

APA #: A3823 

SUBJECT: Determination of Financial Eligibility 

RULE CITATION #: 15A NCAC 24A .0202 

STATUTORY AUTHORITY: G.S. 130A-4.2; 130A-5(3); 130A-124; 130A-127; 130A-129; 130A-205 

DIVISION/SECTION: PURCHASE OF MEDICAL CARE SERVICES 

DIVISION CONTACT: Richard Moore 

DIVISION CONTACT TEL#: (919)715-3811 

DATE INITIATED: 9/7/95 

DURATION OF RULE: Permanent 1/1/96 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: State 

REASON FOR ACTION : 

During FY95, the demand for funds in the Purchase of Care component of Children's Special Health Services 
(CSHS) exceeded the budget. CSHS has chosen to address this problem by changing financial eligibility through 
the use of Medicaid financial eligibility standards. This will create a uniform public policy with regard to eligibility 
determination while allowing CSHS to expand coverage of services not now provided by other agencies. 

Children who were offered a special CSHS post adoption coverage provision and adult patients with Cystic Fibrosis 
would be eligible to remain on CSHS without Medicaid coverage if they continue to qualify financially according 
to the federal poverty level. 
SCOPE/NATURE/SUMMARY : 

Establishes the requirement for financial eligibility under the Department's payment programs. 

Since its inception in 1936, Children's Special Health Services has had a reimbursement component, offering 
reimbursement for hospitalization, physician fees, pharmaceuticals, medical equipment, etc. provided to medically 
and financially eligible children. In this regard, CSHS perhaps reached its zenith in the mid-1980s, when 
approximately 10,000 children annually received approximately $10 million in CSHS reimbursement services. 

In recent years, Medicaid financial eligibility has been expanded remarkably, diminishing the need for CSHS 
reimbursement component. Indeed, the CSHS caseload dropped to 4,800 children in FY 93-94, and a budget 
surplus of $1.4 million was projected for that year. 

The 1994 session of the General Assembly reduced the CSHS reimbursement component by $4.2 million. This 
included the $1.4 million projected surplus and a transfer of $2.8 million to the Medicaid Program to further expand 
eligibility for children 5 through 18. In theory, these children were to become eligible for Medicaid and no longer 
need CSHS for most services. 

FY 94-95 was a very difficult year for CSHS financially. Primarily because CSHS computes financial eligibility 
differently from Medicaid, children have not been transferred to Medicaid at the rate expected. As a result, the 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2325 



RULE-MAKING AGENDA 



reimbursement budget is $4.4 million, but projected expenditures will exceed $7 million. Indeed, CSHS is "making 
it through the year" only because of the fortuitous availability of refunds and one-time federal block grant funds. 
Neither of these resources can be relied upon in future years. Therefore, a change in the CSHS reimbursement 
rules is required to make the program "fit" the available resources. 

Changes can be made in just three areas - services, medical eligibility, and financial eligibility. This matter was 
taken to various constituent groups - the CSHS Medical Advisory Committee, the NC Pediatric Society, the Children 
and Youth Parent Advisory Committee, and the Interagency Coordinating Council on Young Children with Special 
Needs. There is consensus that financial eligibility should be changed to match Medicaid financial eligibility. 

This change will probably reduce access to care for 1 ,000 children (primarily older children) now covered by CSHS 
who will no longer be eligible for CSHS. However, this change will establish a uniform public policy with regard 
to children with special needs, eliminating the current requirements regarding financial eligibility. More 
importantly, it will allow all current CSHS resources to be focused on services not covered by Medicaid (some 
medical supplies, special therapy, medical equipment, and other services particularly relevant for children with 
special needs). 

APA #: A3824 

SUBJECT: Income Documentation 

RULE CITATION #: 15A NCAC 24A .0301 

STATUTORY AUTHORITY: G.S. 130A-5(3); 130A-124; 130A-127; 130A-129; 130A-205 

DIVISION/SECTION: PURCHASE OF MEDICAL CARE SERVICES 

DIVISION CONTACT: Richard Moore 

DIVISION CONTACT TEL#: (919)715-3811 

DATE INITIATED: 9/7/95 

DURATION OF RULE: Permanent 1/1/96 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

This rule is proposed for amendment in order to clarify that documentation of income is not required for the 

Children's Special Health Services program since financial eligibility will be based on Medicaid eligibility pursuant 

to the proposed change to 15A NCAC 24A .0202. 
SCOPE/NATURE/SUMMARY : 

Establishes the circumstances under which family income must be documented. 

APA #: A3 825 

SUBJECT: Determination of Family Size 

RULE CITATION #: 15A NCAC 24A .0204 

STATUTORY AUTHORITY: G.S. 130A-5(3); 130A-124; 130A-127; 130A-129; 130A-177; 130A-205 

DIVISION/SECTION: PURCHASE OF MEDICAL CARE SERVICES 

DIVISION CONTACT: Richard Moore 

DIVISION CONTACT TEL#: (919)733-6305 

DATE INITIATED: 9/7/95 

DURATION OF RULE: Permanent 1/1/96 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

This rule is proposed for amendment to clarify that it only pertains to adopted children who were approved for 
Children's Special Health Services (CSHS) post-adoption coverage prior to January 1, 1996. Effective with that 
date, the special post-adoption coverage will be eliminated, except for those already approved, by the deletion of 
15A NCAC 21F .0800. 

SCOPE/NATURE/SUMMARY : 

Defines which individuals must be counted in the family unit for the purpose of determining financial eligibility. 

APA #: A3826 



2326 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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SUBJECT: Definitions 

RULE CITATION #: 15A NCAC 24A .0102 

STATUTORY AUTHORITY: G.S. 130A-5(3); 130A-124; 130A-127; 130A-129; 130A-177; 130A-205 

DIVISION/SECTION: PURCHASE OF MEDICAL CARE SERVICES 

DIVISION CONTACT: Susan Anderson 

DIVISION CONTACT TEL#: (919)733-6305 

DATE INITIATED: 9/7/95 

DURATION OF RULE: Permanent 1/1/96 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

This amendment is proposed in order to delete the Tuberculosis Program from the list of payment programs and 

to add the HIV Medications Program and the Adult Cystic Fibrosis Program to the list of payment programs. 
SCOPE/NATURE/SUMMARY : 

Provides general information about the payment programs of the Department of Environment, Health and Natural 

Resources. 

APA #: A3828 

SUBJECT: Minimum Criteria Thresholds for Non-major Activities Under the NCEPA 

RULE CITATION #: 15A NCAC 1C .0101, .0503 and .0504 

STATUTORY AUTHORITY: G.S. 113A-2; 113A-6; 113A-9; 113A-10; 113A-11; 113A-12; 143B-10 

DIVISION/SECTION: LEGISLATIVE AFFAIRS 

DIVISION CONTACT: Bill Flourney 

DIVISION CONTACT TEL#: (919)715-4191 

DATE INITIATED: 10/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: Amendment (3) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The proposed rulemaking is needed to update, clarify, and improve the identification of thresholds of 
activity/impact below which an environmental document will not be required under the NC Environmental Policy 
Act (NCEPA). 

SCOPE/NATURE/SUMMARY : 

Amended language is proposed to be substituted for the entire 15A NCAC 1C .0504, Non-Major Activity. The 
amended language accomplishes several objectives concurrently. Thresholds are deleted for programs no longer 
in the department and added for new programs. 

New thresholds are added to clarify when NCEPA review is not required for certain activities, thus avoiding 
unnecessary documentation. 

Several pre-existing thresholds have been adjusted upward or downward as a result of prior experience with the 
NCEPA. Thresholds have also been reordered to clarify and to improve their ease of use. The proposed 
rulemaking also adds a new definition and retitles a second one at 15A NCAC 1C .0101(d) to support these 
procedures. A technical correction is proposed in 15A NCAC 1C .0503(3) to correspond to the retitled definition. 

APA #: El 154 

SUBJECT: Permitting for Municipal Solid Waste landfill facilities 

RULE CITATION #: 15A NCAC 13B .1603 

STATUTORY AUTHORITY: G.S. 130A-294 

DIVISION/SECTION: SOLID WASTE MANAGEMENT 

DIVISION CONTACT: Brad Rutledge 

DIVISION CONTACT TEL#: (919)733-0692 

DATE INITIATED: 4/18/94 

DURATION OF RULE: Permanent 10/1/94 

TYPE OF RULE: AMENDMENTS(l) 



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STAGE OF DEVELOPMENT: Concept Stage 
GOV LEVELS AFFECTED: None 
REASON FOR ACTION: 

This amendment is necessary to further delineate circumstances requiring owners and operators of municipal solid 

waste landfill facilities (MSWLFs) to submit a permit application. 

APA #: El 155a 

SUBJECT: Permits for Private Moorings 

RULE CITATION #: 15A NCAC 7H .2201-.2205 

STATUTORY AUTHORITY: G.S. 113A-107; 113A-1 18.1 

DIVISION/SECTION: COASTAL MANAGEMENT 

DIVISION CONTACT: Terry Moore 

DIVISION CONTACT TEL#: (919) 946-6481 

DATE INITIATED: 4/7/94 

DURATION OF RULE: Permanent 12/1/95 

TYPE OF RULE: Adoptions(5) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: State 

REASON FOR ACTION : 

These rules will establish a procedure for authorizing the installation of private moorings in response to an 
increasing demand for such facilities over the past 24 months. This is a new permit requirement for a type of 
development that has not previously required permits. 

APA #: El 184 

SUBJECT: Allen Creek Watershed Reclassification 

RULE CITATION #: 15A NCAC 2B .0304 

STATUTORY AUTHORITY: G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/WATER QUALITY 

DIVISION CONTACT: Steve Zoufaly 

DIVISION CONTACT TEL#: (919)733-5083, ext 566 

DATE INITIATED: 10/16/95 

DURATION OF RULE: Permanent 2/1/97 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: Local 

REASON FOR ACTION : 

This rule amendment is being made to reclassify the Allen Creek watershed in Haywood County from Class WST 
to Class WSTI. The WS-I classification which is currently in place is intended for application to water supply 
watersheds that are undeveloped and will remain that way because they are in public ownership. The majority of 
the Allen Creek watershed is in public ownership, but it has been brought to the Division of Environmental 
Management's attention that there is privately owned land within the watershed boundary. Therefore, it is necessary 
to revise the surface water classification to WS-IJ, or a combination of WST and WS-IJ. 

APA #: El 242 

SUBJECT: Clarification of Wetlands rules 
RULE CITATION #: 15A NCAC 2B .0101, .0103, .0109, .0201, .0202, .0220, 15A NCAC 2H .0501 - .0504, 

.0506 
STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-213; 143-215.3; 150B-21.6; 143-214.1; 143-215.1; 
143-215. 3(a)(1); 143-215. 3(c) 
DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/WATER QUALITY 
DIVISION CONTACT: Steve Tedder 
DIVISION CONTACT TEL#: (919)733-5083 
DATE INITIATED: 6/30/94 
DURATION OF RULE: Permanent 1/1/96 
TYPE OF RULE: ADOPTIONS(3) Amendments(8) Repeals(l) 
STAGE OF DEVELOPMENT: Draft Rule Stage 
GOV LEVELS AFFECTED: Local State 



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REASON FOR ACTION : 

The proposed rules amendments addressed in this document are associated with the following rules: 15A NCAC 
2B .0200 and 15A NCAC 2H .0500. The purpose of these rules and amendments is to clarify that wetlands are 
waters of the state, define wetlands, designate uses for wetlands, establish narrative criteria to protect the designated 
uses of wetlands, apply the antidegradation policy to wetlands and to codify the existing 401 Water Quality 
Certification review procedures. These rules were approved to proceed to Public Hearings by the EMC during the 
April 1994 meeting. Public Hearings have been held. No action has been taken by the EMC. 

APA #: El 297 

SUBJECT: Title V permitting rules 

RULE CITATION #: 15A NCAC 2Q .0500 

STATUTORY AUTHORITY: G.S. 143-212; 143-213; 143-215.3(a)(l); 143-215. 107(a)(10); 143-215.108; 
143-215.65; 143-215.66 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/11/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

EPA has recently proposed amendments to 40 CFR Part 70, which contain the Title V permitting requirements. 

SCOPE/NATURE/SUMMARY : 

If the proposed amendments are adopted, revision of the NC Title V permitting rules may be necessary. Several 
definitions may have to be amended; at least two definitions may need to be deleted, and at least one new definition 
may have to be added. (EPA is proposing to change "permit modification"to "permit revision. ") 

APA #: El 298 

SUBJECT: Emissions Standards for Rendering Plants 

RULE CITATION #: 15A NCAC 2D .0539 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215.66; 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/11/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: Adoption (1) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To adopt a rule for the control of odorous emissions from rendering plants. 

SCOPE/NATURE/SUMMARY : 

Rendering plants are a principal source of odorous emissions. A regulation would be developed to specifically 
control emissions from rendering plants above the already adopted odorous emission rule. (15A NCAC 2D .0522) 

APA #: El 301 

SUBJECT: Control of Particulate Emissions from Woodworking and Spray Paint/Finish Booths 

RULE CITATION #: 15A NCAC 2D .0512 and .0515 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/11/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 



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GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To amend 2D .0512, Particulates from Work Products Finishing Plants, to make it less vague. 

SCOPE/NATURE/SUMMARY : 

The amendments to this rule would take the form of a control efficiency or emission rate for the process equipment 
in all woodworking processes such as sawing or sanding. To control Particulates from coating operations, filters 
meeting a specified efficiency would be required, which is what is done in practice. 

APA #: El 302 

SUBJECT: Control of fugitive dust from roads and sandblasting 

RULE CITATION #: 15A NCAC 2D .0506, .0509, .0510, .0511 and other applicable rules 

STATUTORY AUTHORITY: G.S. 143-215.3(a)(l); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/11/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To amend 2D .0506, Asphalt Plants, .0509, Mica and Feldspar, .0510, Sand, Gravel, and Crushed Stone, and 

.0511, Lightweight Aggregates, for the control of fugitive dust. 
SCOPE/NATURE/SUMMARY: 

In light of a case brought against the State by Indusmin Co. in which the court ruled that a company did not know 

when it had done enough to comply with the rule, consideration is being given to revising the requirement to control 

fugitive dust emissions from roads and other controlled areas. 

More detailed language may be added describing what needs to be done, such as specifying watering schedules, and 
a visible emissions limit may be established. The owner or operator may be required to develop and submit for 
approval dust control plans. This amendment would also delete the use of oil treatment as a suitable dust control 
method because its use is now prohibited. Fugitive dust requirements may be placed in a new rule and may be 
expanded to cover other industries. 

APA #: E1303 

SUBJECT: Case-by-case Maximum Achievable Control Technology Requirements 

RULE CITATION #: 15A NCAC 2D .1109 & 2Q .0503, .0526 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5), (10); 143-212; 143-213 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/11/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: Adoption (1) Amendment (2) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The AQ Section is proposing to develop rules to implement Section 112(j) of the Federal Clean Air Act. This 
requirement is included as part of NC's permitting procedures under Section 15A NCAC 2Q .0500, however, 
changes must be incorporated to reflect the requirements of the federal rule which was promulgated on May 20, 
1994. 

SCOPE/NATURE/SUMMARY : 

Implementation of Section 1 12(j) of the Federal Clean Air Act by NC will require the development of new rules 
as well as the amendment of existing rules. Amendments will also be required for minor changes including 
corrections of cross references. 

APA #: El 304 



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SUBJECT: Permit Exemptions 

RULE CITATION #: 15A NCAC 2Q .0102 

STATUTORY AUTHORITY: G.S. 143-215.3(a)(l); 143-215. 107(a)(4); 143-215.108 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/11/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: Amendment 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To add and clarify air permit exemptions. 

SCOPE/NATURE/SUMMARY : 

The exemption would be added to 2Q .0102, Activities Exempted from Permit Requirements an exemption for dry 
cleaners. This exemption is expected to eliminate the need to permit about 95 to 98 percent of the dry cleaners. 

APA #: El 305 

SUBJECT: Capture efficiency test procedures for Volatile Organic Compounds 

RULE CITATION #: 15A NCAC 2D 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/11/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To satisfy EPA requirements. 

SCOPE/NATURE/SUMMARY : 

One of the deficiencies that EPA has identified in NC Reasonable Available Control Technology (RACT) rules for 
Volatile Organic Compounds (VOC) is a lack of details on test procedures for determhiing capture efficiency. EPA 
has delayed requiring the State to correct this deficiency until it has completed evaluating its recommended 
procedures. After this evaluation is completed, rules will have to be amended or developed to implement these test 
procedures. 

APA #: El 306 

SUBJECT: Control of Emissions from Open Burning 

RULE CITATION #: 15A NCAC 2D .0520, .1901 - .1905 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/11/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: Repeal (1), Adoption (5) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To clarify permissible and non-permissible burning. 
SCOPE/NATURE/SUMMARY : 

To prohibit open burning except for those categories specifically allowed by the rule or except for open burning that 

is covered by a permit. 

APA #: E1314 



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SUBJECT: Record keeping and reporting requirements for incinerators 

RULE CITATION #: 15A NCAC 2D .1204 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4), (5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/23/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: Amendment (1) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To remove requirement for continuous temperature pet crematories. 

SCOPE/NATURE/SUMMARY : 

The incinerator rules exempt pet crematories from operational standards (minimum temperature and retention time). 
The rules do not exempt pet crematories from the Record keeping and reporting requirements. One of these 
requirements is a continuous temperature monitoring and recording device installed on both the primary and 
secondary chambers of the crematories. Because there are no temperature standards for these incinerators, the 
requirement to continuously measure and record temperature is questionable. Consideration is being given to 
remove this requirement for pet crematories by amending 15A NCAC 2D .1204, Reporting and Record keeping. 

APA #: E1315 

SUBJECT: Permit Procedures for Toxic Air Pollutants 
RULE CITATION #: 15A NCAC 2D . 1 1 10-. 1 111; .0501; .0516; .0518; .0521; .0524; .0533; .0535; .0537; 
.0601; .0604; .0608; .0902; .1202; .1204-.1206; 2H .0610; 2Q .0102 - .0103; .0109; .0302; .0502; .0508;2D 
.0525 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215.108 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/23/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To recodify current rule 15A NCAC 2H .0610, Permit Requirements for Toxic Air Permits, into a new Section and 
to make a number of clarifications and other changes to these rules at the same time. 

APA #: E1316 

SUBJECT: Case-by-case Maximum Achievable Control Technology Requirements 

RULE CITATION #: 15A NCAC 2D . 1 109 & others unknown 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5),(10) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/24/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The AQ section is proposing to develop rules to implement Section 1 12(g) of the Federal Clean Air Act. Section 
1 12(g) of the Federal Clean Air Act requires new sources and modifications of existing sources to apply Maximum 
Achievable Control Technology (MACT) if the emissions of hazardous air pollutants are above a de minimis level. 
This requirement is included as part of NC's permitting procedures under Section 15A NCAC 2Q .0500, however, 
changes will need to be incorporated to reflect the requirements of the federal rule after it is promulgated. 



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SCOPE/NATURE/SUMMARY : 

Implementation of Section 1 12(g) of the Federal Clean Air Act by NC will require the development of new rules 
as well as the amendment of existing rules. Rule 2D .1109 " Case-by-Case Maximum Achievable Control 
Technology" will require amendment. Additional new rules and amendments will likely be required in Section 2D 
.1100 "Control of Toxic Air Pollutants" and 2Q .0500 "Title V Procedures." Amendments will also be required 
for minor changes including corrections of cross references. 

APA #: E1319 

SUBJECT: Local Government Comprehensive Solid Waste Management Plans 

RULE CITATION #: 15A NCAC 13B .1801-. 1812 

STATUTORY AUTHORITY: 

DIVISION/SECTION: SOLID WASTE MANAGEMENT 

DIVISION CONTACT: Paul Grissman 

DIVISION CONTACT TEL#: (919)733-0692 

DATE INITIATED: 8/30/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Withdrawn 

GOV LEVELS AFFECTED: Local 

REASON FOR ACTION : 

The purpose of these rules is to enable local governments to comply with the laws cited above, which requires local 
government to submit comprehensive solid waste management plans to the Division of Solid Waste Management 
for approval. These rules will also provide the criteria for measuring local government compliance with the law. 

SCOPE/NATURE/SUMMARY : 

The rules set forth the requirements for local governments to follow in developing and implementing comprehensive 
solid waste management plans. The purpose of requiring the plans is to enable North Carolina to achieve the state's 
40 percent solid waste reduction goal and to encourage an integrated approach to solid waste management planning. 
The requirements will apply to counties, municipalities, owners and operators of private permitted industrial landfills 
and monofills, and owners and operators of privately permitted municipal solid waste facilities. The rules establish 
performance, format, submittal and update requirements for comprehensive solid waste management plans to be 
submitted by local government; establish reporting requirements for owners and operators of privately permitted 
solid waste management facilities; reporting requirements for generators and haulers of municipal solid waste, and 
separate waste reduction plans for industrial monofills. 

APA #: El 356 

SUBJECT: VOC Controls for Gasoline bulk plants and terminals 

RULE CITATION #: 15A NCAC 2D .0926, .0927 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 10/7/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To prohibit the owner or operator of a bulk gasoline terminal or bulk plant from loading a gasoline truck tank or 

trailer that is not certified as complying with the vacuum-pressure requirement. 
SCOPE/NATURE/SUMMARY : 

This rule change would make both the owner or operator of the terminal or bulk plant liable if a non-certified truck 

tank or trailer is loaded. In practice a number of terminals are already refusing to load truck tanks and trailers that 

are not certified in compliance. 

APA #: El 357 

SUBJECT: Stage I & II gasoline vapor recovery 

RULE CITATION #: 15A NCAC 2D .0928, .0953, .0954 



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STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5); 150B-21.6 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 10/7/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To clarify and make minor revisions to Stage I and II rules. 

SCOPE/NATURE/SUMMARY : 

2D .0928, Gasoline Service Stations Stage I contains several exemptions based on tank size. In order to qualify 
for the exemption, these tanks must be equipped with submerged fill pipes. The rule would be amended clearly 
to allow either permanently installed submerge fill pipes or portable submerge fill pipes for all exempted tanks. 
Currently, the use of portable submerge fill pipes is only allowed for tanks below 550 gallons installed after June 
30, 1979, and for tanks below 2000 gallons used to store gasoline for farm or residential use. The rule would be 
changed to allow portable submerge fill pipes for tanks below 2000 gallons installed before July 1, 1979. 

2D .0953, Vapor Return Piping for Stage D Vapor Recovery, would be changed to clarify that the recovery risers 
referred to in the rule are recovery dispenser risers. It would also be revised to clarify that only with a vacuum 
assisted system would the vapor return piping or manifolded piping be required to enter a separated opening to the 
tank from that connected to the vent pipe or the Stage I piping. For non-vacuum assisted systems, the vapor return 
piping could be connected to the tank where the vent pipe or Stage I piping enters the tank. 

2D .0954, Stage II Vapor Recovery, would be revised to change the wording of the throughput exemptions to be 
the same as those in 15A NCAC 2D .0953. These exemptions are the same in both rules and, therefore, should be 
worded the same. 

APA #: E1358 

SUBJECT: RACT Clarifications 

RULE CITATION #: 15A NCAC 2D .0917-.0924, .0934, .0935, .0937, .0951 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1), 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 10/7/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: Amendments(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 
To clarify rule. 

SCOPE/NATURE/SUMMARY : 

There are several regulations limiting emissions of volatile organic compounds (VOC) from coating operations. 
The emission standards are typically written as follows: "emissions of VOC from [name of process] shall not exceed 
X.X pounds per gallon of solids delivered to the applicator. "Some people have interpreted this phrase to limit 
solids instead of VOC. The wording of the phrase should be changed to read; "emissions of VOC from [name of 
process] shall not exceed X.X pounds of VOC per gallon of solids delivered to the applicator." This wording 
change should clarify that VOC are being limited, not solids. 

APA #: E1359 

SUBJECT: Cross reference corrections 

RULE CITATION #: 15A NCAC 2D .0538, .0531, .0901, .0926 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4),(5); 143-215. 108(b), (g); 150B-21.6; 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 



2334 NORTH CAROLINA REGISTER December 15, 1995 10:18 



RULE-MAKING AGENDA 



DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 10/7/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To correct errors. 
SCOPE/NATURE/SUMMARY : 

2D. 0538, Control of Ethylene Oxide Emissions, needs to be amended to correct a reference to a general statute. 

Paragraph (e) references G.S. 143-215. 108(c). It should reference G.S. 143-215. 108(g), which contains the waste 

reduction plan requirements. 

2D .0531, Sources in Non-attainment Areas, and .0901, Definitions, refer to chlorodifluoromethane as CFC-22. 
The correct reference in HCFC-22. This correction should be made in these two rules. 

Paragraph (c) of 2D .0926, Bulk Gasoline Plants, contains an incorrect reference. It references Paragraph (g); the 
correct reference is Paragraph (I). 

APA #: E1360 

SUBJECT: Acceptable ambient levels for toxic air pollutants 

RULE CITATION #: 15 A NCAC 2D .1104, 2H .0610 (or 2Q .0711) 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(3), (4), (5); 143B-282; 143-215.108 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 10/7/94 

DURATION OF RULE: Permanent 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: Local State 

REASON FOR ACTION : 

To change the acceptable ambient levels and concomitant permit exemption levels for acrylonitrile, 
perchloroethylene, chlorine, and formaldehyde and to add chlorine dioxide. 

SCOPE/NATURE/SUMMARY : 

To adopt the SAB's recommendation would require amending 2D .1104, Toxic Air Pollutant Guidelines. 2H .0610, 
Permit Requirements for Toxic Air Pollutants, (or 15A NCAC 2Q .0711, Emission Rates Requiring a Permit, if 
this Rule is recodified in the meantime) would also need to be amended to change the permit exemption levels for 
these compounds. 

APA #: E1373 

SUBJECT: Municipal Solid Waste (MSW) Compost Facilities 

RULE CITATION #: 15A NCAC 13B Section .1401 - .1409. .0901 - .0905 

STATUTORY AUTHORITY: 130A-294; 130A-309.10; 130A-309.il 

DIVISION/SECTION: SOLID WASTE MANAGEMENT 

DIVISION CONTACT: Ted Lyon 

DIVISION CONTACT TEL#: (919)733-0692 

DATE INITIATED: 10/13/94 

DURATION OF RULE: Permanent 1/1/95 

TYPE OF RULE: Amendments(9), Repeals(5) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Amendment and adoption of new rules for Section .1400 - Municipal Solid Waste (MSW) Compost Facilities is 
needed to meet new requirements of 40 CFR 501 and 503 when MSW is cocomposted with sludge. The existing 
compost rules need amendment to include standards for composting source separated organics and to exempt 
educational projects. 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2335 



RULE-MAKING AGENDA 



SCOPE/NATURE/SUMMARY : 

The existing MSW Compost Facilities rules allow cocomposting sludge with MSW. However, all the federal 
requirements of 40 CFR 501 and 503 are not satisfied by the existing compost rules. The amendments would 
primarily address federal permit application and record keeping requirements. Existing solid waste rules contain 
standards for composting yard waste and mixed municipal solid wastes, but not for source separated organics. New 
rules can allow some alternative standards for certain source separated organics without threatening public health 
or the environment and may consequently promote composting. Current compost rules if strictly interpreted, require 
a state permit or demonstration approval for any MSW composting other than backyard composting. New rules 
would include exemption for school sponsored small education projects. 

APA #: E1376 

SUBJECT: Proposed reclassification of a former drinking water supply source for Washington. 

RULE CITATION #: 15A NCAC 2B .0316 

STATUTORY AUTHORITY: G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/WATER QUALITY 

DIVISION CONTACT: Steve Zoufaly 

DIVISION CONTACT TEL#: (919)733-5083, ext 566 

DATE INITIATED: 10/18/94 

DURATION OF RULE: Permanent 12/1/95 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

SCOPE/NATURE/SUMMARY : 

The City of Washington requested the reclassification of Tranters Creek from its current water supply classifications 
of WS-rV CA (Critical Area) and WS-rV. The City has notified the DEM staff that as of February 1994 they have 
switched from using Tranters Creek as their drinking water supply source to an underground water supply source 
(wells). The affected watershed area is approximately 83,582 acres in size and currently affects Beaufort, Martin 
and Pitt Counties along with the City of Washington. The proposal would remove the WS-IV classification and 
consider the watershed for a WS-V or C classification. In either case the local governments having land use 
jurisdiction within the watershed would not be required to adopt and implement land use restrictions for drinking 
water supply protection. The current WS-IV classification does not prohibit new wastewater dischargers nor would 
either of the proposed classifications. The proposed reclassification would have no effect on local or state 
expenditures. There are no municipal wastewater dischargers within the affected watershed. 

APA #: E1378 

SUBJECT: Proposed reclassification of a stream that is not used as a drinking water supply 

RULE CITATION #: 15A NCAC 2B .0304 

STATUTORY AUTHORITY: G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/WATER QUALITY 

DIVISION CONTACT: Steve Zoufaly 

DIVISION CONTACT TEL#: (919)733-5083, ext 566 

DATE INITIATED: 10/18/94 

DURATION OF RULE: Permanent 12/1/95 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

SCOPE/NATURE/SUMMARY : 

Stokely Hollow is a small stream that is located in Madison County. The stream is currently classified as WS-II 
since it was believed that this was a drinking water for the town of Hot Springs. The proposal would remove the 
current drinking water supply WS-II classification and apply a C classification. This action would remove the 
requirement that Madison County adopt and implement drinking water supply ordinances for Stokely Hollow. In 
addition, the prohibition for new wastewater dischargers would not be applicable as implemented by the Division 
of Environmental Management. There are no permitted wastewater dischargers in the watershed. 

APA #: El 387 

SUBJECT: 1994-1996 Triennial Water Quality Standard Review 

RULE CITATION #: 15A NCAC 2B .0101, .0104, .0106, .0201-02, .0208, .0211-12, .0214-16, .0218, .0219-22, 



2336 NORTH CAROLINA REGISTER December 15, 1995 10:18 



RULE-MAKING AGENDA 



.0223-.0225, .0228-.0229 and .0301 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-213; 143-214.1; 143-215.1; 143-215. 8A 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/CONSTRUCTION GRANTS 

DIVISION CONTACT: Dianne Reid 

DIVISION CONTACT TEL#: (919)733-5083 

DATE INITIATED: 10/25/94 

DURATION OF RULE: Permanent 9/25/96 

TYPE OF Rule: Adoptions(l) Amendments(21) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: Local State 

REASON FOR ACTION : 

Section 303(c)(1) of the Clean Water Act and 40 CFR 131.20 Subpart C - Procedures for Review and Revision of 
the Water Quality Standards require that the state review applicable water quality standards and modify or adopt 
standards, as needed, through the rule-making process at least every three years. The next review of the state's 
water quality standards is to be completed by September 1, 1996 and submitted to the Environmental Protection 
Agency. 

SCOPE/NATURE/SUMMARY : 

Every three years, the US EPA requires that the state review and revise, as necessary, the surface water quality 
standards and classification rules which are designed to protect human health and aquatic life. This review process 
is mandated by the Clean Water Act and is termed the Triennial Review. The major issues in this Triennial Review 
consist of corrections, definitions and clarifications. 

APA #: E1404 

SUBJECT: 1,1,2,2, TETRACHLOROETHANE 

RULE CITATION #: 15A NCAC 2D .1104, .0610 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(3), (4), (5); 143B-282 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

15A NCAC 2D .1104, Toxic Air Pollutant guidelines, and .0610, Permit Requirements for Toxic Air Pollutants, 
list acceptable ambient level and a permit exemption level for 1,1,1,2 tetrachloroethane. This should be changed 
to 1,1,2,2 tetrachloroethane. 

APA #: El 405 

SUBJECT: 1 12(G) of the Federal Clean Air Act 

RULE CITATION #: 15A NCAC 2D .1109 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5), (10) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

APA #: El 406 

SUBJECT: 112(J) of the Federal Clean Air Act 

RULE CITATION #: 15A NCAC 2D .1109, 2Q .0526 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5), (10) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2337 



RULE-MAKING AGENDA 



DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: ADOPTIONS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Section 112(1) allows states to develop and enforce emission standards and other requirements for hazardous air 

pollutants. 
SCOPE/NATURE/SUMMARY : 

The air quality section is evaluating the desirability and feasibility of making the state air toxic rules and state permit 

limits on emission rates or capacity required to comply with the state air toxic rules federally enforceable. 

APA #: E1407 

SUBJECT: 1 12(L) OF THE FEDERAL CLEAN AIR ACT 

RULE CITATION #: 15A NCAC 2D .1109 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5), (10) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ ATR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The states new permit rules concerning compliance with section 112 (j) of the Clean Air Act which concerns permit 
applications for MACT, need to be revised to include more detail included in federal rules concerning the MACT 
permitting issue. 

SCOPE/NATURE/SUMMARY : 

When EPA promulgates its rules implementing section 112(j) the states rules will be revised to include more detail 
language. 112(j) requires permit applications to apply MACT within 18 months if EPA does not promulgate MACT 
as scheduled. 

APA #: El 408 

SUBJECT: AAL FOR CHLORINE AND CHLORINE DIOXIDE 

RULE CITATION #: 15A NCAC 2D .1104, 2H .0610 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(3), (4), (5); 143B-282; 143-215.108 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The scientific advisory board has recommended the lowering of the 24 hour and 15 minute acceptable ambient level 

for chlorine, as well as adding new pollutant, chlorine dioxide with a 24 hour and 15 minute AAL. 
SCOPE/NATURE/SUMMARY : 

15A NCAC 2D .1104 will be amended to change the AAL for chlorine and to add the AAL for chlorine dioxide. 

.0610, Permit Requirements for toxic air pollutants needs to be amended to add the corresponding permit exemption 

levels. 

APA #: E1409 

SUBJECT: AAL FOR FORMALDEHYDE 



2338 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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RULE-MAKING AGENDA 



RULE CITATION #: 15A NCAC 2D .1104, 2H .0610 

STATUTORY AUTHORITY: G. S. 143-215. 3(a)(1), (4), (5); 143B-282, 143-215.108 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The scientific advisory board has recommended changing the acceptable ambient level for formaldehyde. 
SCOPE/NATURE/SUMMARY : 

To make this change 15A NCAC 2D .1104, toxic air pollutant guidelines will be amended, as will .0610, permit 

requirements for toxic air pollutants, to change the corresponding permit exemption level from .010 pounds per 15 

minutes to .0094. 

APA #: E1410 

SUBJECT: ACID RAIN MONITORING(SOME, IF NOT ALL , INCLUDE ENHANCED MONITORING) 

RULE CITATION #: 15 A NCAC 2D 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4), (8),(10); 143-215.65; 143-215.66 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To adopt monitoring requirements that may be necessary to assure compliance with the acid rain program 

APA #: E1411 

SUBJECT: ACRYLONITRILE AND PERCHLOROETHYLENE 

RULE CITATION #: 15A NCAC 2H .0610, 2D .1104 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(3), (4), (5); 143B-282; 143-215.108 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: Amendments (1) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON: 

The Scientific Advisory Board has recommended changing the acceptable ambient level for acrylonitrile and 

perchloroethylene. This will require permitting changes as well under .0610. 
SCOPE/NATURE/SUMMARY : 

15 A NCAC 2D .1104 would be amended to change the AAL for acrylonitrile and perchloroethylene. .0610, 

permitting requirements for toxic pollutants guidelines, would be amended as well to change the permit de minimus 

level for acrylonitrile. 

APA #: E1414 

SUBJECT: Air Toxic Compliance Schedules 

RULE CITATION #: 15A NCAC 2D .1112 

STATUTORY AUTHORITY: G.S. 143-215. 107(a)(5); 143B-282 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2339 



RULE-MAKING AGENDA 



DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919) 733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: Amendments (1) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION: 

In order to facilitate compliance with changes in the acceptable ambient level as well as to allow facilities that need 

to add on control devices or modify existing control devices or processes to comply with new AAL standards. 
SCOPE/NATURE/SUMMARY: 

A generic compliance schedule will be added to the air toxic rules. This would replace the current stipulation that 

says that compliance is to be achieved on the effective date of the AAL change. 

APA #: E1415 

SUBJECT: ASBESTOS: OPEN BURNING 

RULE CITATION #: 15 A NCAC 2D .0520 

STATUTORY AUTHORITY: G.S. 143-215. 3(a); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919) 733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENT 

STAGE OF DEVELOPMENT: DRAFT RULE STAGE 

GOV LEVELS AFFECTED: 

REASON FOR ACTION: 

15A NCAC 2D .0520, Control and Prohibition of open burning will be amended to include a provision mandating 
the removal of asbestos containing material must take place before a structure is intentionally burned. 

SCOPE/NATURE/SUMMARY: 

15A NCAC 2D .0520, Control and Prohibition of open burning will be amended to include a provision mandating 
the removal of asbestos containing material must take place before a structure is intentionally burned. 

APA #: E1416 

SUBJECT: ASTM REFERENCES IN GENERAL RULE 

RULE CITATION #: 15A NCAC 2D .0104 

STATUTORY AUTHORITY: G.S. 150B-21.6 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

In order that a paragraph explaining where to obtain a copy of ASTM methods does not have to be published on 

every rule in 2D concerning ASTM methods. 
SCOPE/NATURE/SUMMARY : 

The amendment would state that anywhere there is a reference to ASTM methods, those methods are incorporated 

by reference. The ASTM methods incorporated automatically include any later amendments there to unless a 

specific rule specifies. 

APA #: E1417 

SUBJECT: BUBBLE, BANKING, NETTING, OFFSETS 
RULE CITATION #: 15A NCAC 2D .0501 and other new rules 
STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 



2340 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To establish procedures for emissions trading. 

APA #: E1419 

SUBJECT: Hazardous Air Pollutant Permit Exemption 

RULE CITATION #: 15A NCAC 2Q .0102 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4); 143-215.108 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

RULE 15A NCAC 2Q .0102, ACTIVITIES EXEMPTED FROM PERMIT REQUIREMENTS, needs to contain 

several exemptions for hazardous air pollutants sources that require clarification. 

APA #: El 420 

SUBJECT: CLARIFICATION OF AIR TOXIC RULES 

RULE CITATION #: 15A NCAC 2D .1104 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(3), (4), (5); 143B-282 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Several clarifications including definitions of compounds, clarification of what is and is not included when evaluating 

metal compounds, and to keep acceptable ambient levels for nickel sulfides. 
SCOPE/NATURE/SUMMARY : 

The two lists of AAL in 15A NCAC 2D .1104, toxic air pollutant guidelines will be combined because there is no 

need to keep the two lists separate as the one year delay for the second list is long past. 

APA #: E1421 

SUBJECT: CLARIFICATION OF POUNDS OF EMISSIONS PER GALLON OF SOLIDS IN VOC RULES 

RULE CITATION #:15A NCAC 2 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2341 



RULE-MAKING AGENDA 



REASON FOR ACTION : 

A wording change is needed to clarify regulations limiting emissions of volatile organic compounds from coating 

operations. The wording change should clarify that VOC are being limited, not solids. 
SCOPE/NATURE/SUMMARY : 

The wording of emissions standards will be changed to clear up any Misinterpretation that solids are being limited. 

VOC are being limited. 

APA #: El 422 

SUBJECT: CLARIFICATION OF REASONABLY AVAILABLE CONTROL TECHNOLOGY RULES FOR 
COATING OPERATION 

RULE CITATION #: 15A NCAC 2D .0917 - .0924, .0935 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

APA #: El 423 

SUBJECT: CLARIFICATION OF STAGE U REQUIREMENTS 

RULE CITATION #: 15A NCAC 2D .0953,. 0954 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a); 150B-21.6 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To make minor clarifications in Stage II rules. 

APA #: El 424 

SUBJECT: Corrections of Deficiencies in Sulfur Dioxide Standards Not Elsewhere Covered 

RULE CITATION #: 15A NCAC 2D .0600 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215.66 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To define averaging time for sulfur dioxide monitor readings. 

APA #: El 425 

SUBJECT: CROSS-REFERENCE CORRECTIONS 

RULE CITATION #: 15A NCAC 2D .0538 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4), (5); 143-215. 108(c) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 



2342 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: Amendments(l) 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

.0538, CONTROL OF ETHYLENE OXIDE EMISSIONS, PARAGRAPH (E) SHOULD REFERENCE G.S. 

143-215.108 (g), WHICH CONTAINS WASTE REDUCTION PLAN REQUIREMENTS, INSTEAD OF (c). 
SCOPE/NATURE/SUMMARY : 

.0538, CONTROL OF ETHYLENE OXIDE EMISSIONS, PARAGRAPH (E) SHOULD REFERENCE G.S. 

143-215.108 (g), WHICH CONTAINS WASTE REDUCTION PLAN REQUIREMENTS, INSTEAD OF (c). 

APA #: El 427 

SUBJECT: ENHANCED MONITORING 

RULE CITATION #: 15A NCAC 2D .0600 

STATUTORY AUTHORITY: G.S. 143-215(a)(l); 143-215.65; 143-215.66; 143-215. 107(a)(4),(10) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

WHEN EPA FINISHES DEVELOPING MONITORING REQUIREMENTS FOR SOURCES SUBJECT TO TITLE 

V PERMIT REQUIREMENTS AND SOME NON-TITLE V SOURCES, AQ WILL BEGIN TO DEVELOP ITS 

ENHANCED MONITORING RULES. 
SCOPE/NATURE/SUMMARY : 

AQ ENHANCED MONITORING RULES WILL INCLUDE MONITORING, RECORD KEEPING, AND 

REPORTING REQUIREMENTS. 

APA #: El 430 

SUBJECT: FINANCIAL QUALIFICATIONS AND SUBSTANTIAL COMPLIANCE 

RULE CITATION #: 15A NCAC 2D or 2Q 

STATUTORY AUTHORITY: 143-215. 3(a)(1); 143-215. 108(c)(5a) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To establish procedures, guidelines, and reports required to determine financial qualifications and substantial 

compliance. 

APA #: E1431 

SUBJECT: FUGITIVE DUST FROM ROADS 

RULE CITATION #: 15A NCAC 2D .0506,.0509,.0510,.0511 

STATUTORY AUTHORITY: G.S. 143-215.3(a)(l); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2343 



RULE-MAKING AGENDA 



DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None £ 

REASON FOR ACTION : f 

In light of the Indusmin case, this is intended to revise the requirement. 
SCOPE/NATURE/SUMMARY : 

Revision of .0506,. asphalt plants, .0509, mica and feldspar, .0510, sand, to control fugitive dust emissions from 

roads. Also to delete oil treatment as a suitable control measure because it is now prohibited. Gravel, and crushed 

stone, and .0511, lightweight aggregates. 

APA #: E1432 

SUBJECT: GASOLINE EMERGENCY GENERATOR PERMIT EXEMPTION 

RULE CITATION #: 15A NCAC 2Q .0102 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4); 143-215.108 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ ATR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919) 733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

An exemption for such generators would be added to 15A NCAC 2Q .0102, activities exempted from permit 
requirements. The size cutoff exemption would be the same as for diesel and natural gas fired engines. 

APA #: E1434 

SUBJECT: HCFC-22 CORRECTION AND CROSS-REFERENCE CORRECTION 

RULE CITATION #: 15A NCAC 2D .0531,. 0901 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5); 143-215. 108(b); 150B-21.6 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ ATR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

15A NCAC 2D .0531, SOURCES IN NON-ATTAINMENT AREAS, AND .0901, DEFINITIONS, REFER TO 
CHLORODIFLOUROMETHANE AS CFC-22. THE CORRECT REFERENCE IS HCFC-22. 

APA #: E1435 

SUBJECT: HOSIERY KNITTING PERMIT EXEMPTION 

RULE CITATION #: 15A NCAC 2Q .0102 

STATUTORY AUTHORITY: G.S. 143-215. 2(a)(1); 143-215. 107(a)(4); 143-215.108 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

AQ is in the process of determining if the lint collected by screens in knitting processors and driers at hosiery 



2344 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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knitting mills are suspended particulate. Either way an exemption one way or the other must be added to .0102 for 
these machines. 
SCOPE/NATURE/SUMMARY : 

If found to be particulate an exemption could be added defining the screens as part of the process without requiring 
a permit. If it is not found to be a suspended particulate then an exemption will be added insuring that a permit 
is not needed. 

APA #: E1437 

SUBJECT: MALFUNCTION NOTIFICATION AND CLARIFICATIONS 

RULE CITATION #: 15A NCAC 2D .0535 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Clarify definition of "excess emissions" to address above normal emissions for sources for which there are no 
emission standards. May also be amended to require reporting of above normal emissions that do not exceed any 
applicable emission limit. 

APA #: E1438 

SUBJECT: MISCELLANEOUS VOLATILE ORGANIC COMPOUNDS 

RULE CITATION #: 15A NCAC 2D .0518 

STATUTORY AUTHORITY: G.S. 143-215.3(a)(l); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Should this rule be retained or repealed? 

APA #: E1439 

SUBJECT: ODOR RULE/WHAT TO DO WITH THIS RULE 

RULE CITATION #: 15A NCAC 2D .0522 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Should this rule be retained? If so, how should compliance with odor be determined. 

APA #: E1440 

SUBJECT: OPEN BURNING AND PROHIBITIONS AND PERMITS 
RULE CITATION #: 15A NCAC 2D .0520 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2345 



RULE-MAKING AGENDA 



STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To clarify what type of open burning is permissible, as well as clarifying the permitting requirements of this 

regulation. 
SCOPE/NATURE/SUMMARY : 

The regulation should be amended to prohibit open burning except for those categories of open burning specifically 

allowed by the regulation or except for open burning that is covered by permit. 

APA ft: E1441 

SUBJECT: OPEN BURNING OF TRANSPORTED MATERIAL 

RULE CITATION ft: 15 A NCAC 2D .0520 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Because of complaints that have arisen the regulation needs to be amended to clearly prohibit open burning of land 

clearing debris off the site where the debris is created without a permit. 
SCOPE/NATURE/SUMMARY : 

0520, control and prohibition open burning will be amended to prohibit open burning of land clearing debris off 

the site. The cost for transporting the debris offsite would be the cost of obtaining a permit to burn it off site. 

APA ft: E1442 

SUBJECT: OPEN BURNING REGULATION 

RULE CITATION ft: 15A NCAC 2D .0520 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The regulation which has not been revised since its formulation in 1970 is in great need of revision especially in 

the area of open burning. 
SCOPE/NATURE/SUMMARY : 

The regulation 15A NCAC 2D .0520, control and prohibition of open burning will be revised in response to 

complaints about open burning and the subsequent air pollution it causes. 



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APA ft: E1443 

SUBJECT: OTHER ACID RAIN REQUIREMENTS 
RULE CITATION ft: 15A NCAC 2D or 2Q 



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2346 NORTH CAROLINA REGISTER December 15, 1995 10:18 



RULE-MAKING AGENDA 



STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(8) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To adopt acid rain requirements (excluding monitoring and permitting) as may be required by EPA. 

APA #: E1444 

SUBJECT: Particulate Emission Standard for Air Curtain Burners 

RULE CITATION #: 15 A NCAC 2D .1904 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215.07(a)(5); 143-215.66; 143-215.108 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To specify operational parameters for air curtain burners. 

APA #: E1445 

SUBJECT: PARTICULATE SPRAY/FINISH BOOTH 

RULE CITATION #: 15A NCAC 2D .0515 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To significantly lower allowable particulate emission rates for nearly all, if not all, spray paint/finish booths. 
SCOPE/NATURE/SUMMARY : 

Will change the process weight rate used to determine compliance with 15 NCAC 2D .0515 to a process adding 

only the weight of the non-volatile portion of the paint as the process weight in determining compliance, excluding 

the material being coated. 

APA #: E1446 

SUBJECT: PARTICULATE WOODWORKING AND COATING OPERATIONS 

RULE CITATION #: 15A NCAC 2D .0512 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2347 



RULE-MAKING AGENDA 



GOV LEVELS AFFECTED: None 

APA #: E1447 

SUBJECT: PERCHLOROETHYLENE DRY CLEANER PERMIT EXEMPTION 

RULE CITATION #: 15A NCAC 2Q .0102 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4); 143-215.108 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

44.4 POUNDS PER DAY IS THE RATE ABOVE WHICH A PERMIT TO EMIT PERCHLOROETHYLENE IS 
NEEDED UNDER THE PERMITTING RULES FOR TOXIC AIR POLLUTANTS. THE EXEMPTION IS 
EXPECTED TO ELIMINATE THE NEED TO PERMIT ABOUT 95 TO 98 PERCENT OF DRY CLEANERS 
IN THE STATE. 

SCOPE/NATURE/SUMMARY : 

THE AMENDMENT WOULD EXEMPT PERCHLOROETHYLENE DRY CLEANERS WITH A MAXIMUM 
DAILY PERCHLOROETHYLENT CONSUMPTION RATE OF NO MORE THAN 44.4 POUNDS. 

APA #: El 448 

SUBJECT: PET CREMATORIES TEMPERATURE MEASUREMENT EXEMPTION 

RULE CITATION #: 15A NCAC 2D .1204 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4). (5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: Amendments(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The incinerator rules exempt pet crematories from operational standards of minimum temperature and time. 

However they do not exempt them from the subsequent record keeping and reporting. 
SCOPE/NATURE/SUMMARY : 

The amendment would exempt pet crematory incinerators from the reporting and record keeping requirements that 

accompany the temperature and retention time standards from which they are already exempt. 

APA #: E1449 

SUBJECT: QUALITY ASSURANCE PLANS 

RULE CITATION #: 15A NCAC 2D .0600 

STATUTORY AUTHORITY: SEE EXACT RULE 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: Amendments(l) 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

2D .0600, requires a number of sources to install and operate continuous monitoring equipment for visible emissions 
and other air pollutants and to report excess emissions. There is no requirement for affected sources to assure 



2348 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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quality of data. 
SCOPE/NATURE/SUMMARY : 

2D, .0600, and possibly .0500, emission control standards, and .0900, volatile organic compounds, for sources 
using continuous monitoring, will be amended to add a requirement that sources develop quality assurance plans. 

APA #: El 450 

SUBJECT: RECODIFICATION OF 2H .0610 TO 2Q .0700 

RULE CITATION #: 15A NCAC 2H .0610 

STATUTORY AUTHORITY: G.S. 143-215.3(a)(l); 143-215.108; 143B-282 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

RULE 15A NCAC 2H .0610, Permit Requirement for Toxic Air Pollutants, needs to be recodified into a new 

section in subchapter 2Q, air quality permit procedures, once the EMC has adopted this new subchapter. 
SCOPE/NATURE/SUMMARY : 

.0610 would be divided into several new rules, which would be placed in 2Q .0700, Air Quality Permit Procedures. 

Also several other rules in 15A NCAC 2D AND 2Q would have to be amended to change cross-references to the 

new section. 

APA #: E1451 

SUBJECT: Rendering plant controls 

RULE CITATION #: 15A NCAC 2D .0539 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To adopt specific odor control requirements for rendering plants. 

APA #: El 452 

SUBJECT: RULES CONTAINING EPA'S MACT AND GACT 

RULE CITATION #: 15A NCAC 2D .1111 

STATUTORY AUTHORITY: G.S. 143-215.3(a)(l); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: Adoptions(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

EPA has recently promulgated maximum achievable control technology and generally available control technology 
for perchloroethylene dry cleaning facilities and coke oven batteries so a new rule needs to be made in reference 
to this. 

SCOPE/NATURE/SUMMARY : 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2349 



RULE-MAKING AGENDA 



A new rule would be modeled after 15A NCAC 2D .0524, new source facilities and coke oven batteries so a new 
rule needs to be made in reference to this. Performance standards and the rule would adopt EPA GACT and MACT 
by reference in a list. If the state develops a 112(1) plan, this rule will be part of it. 

APA #: El 453 

SUBJECT: SANDBLASTING 

RULE CITATION #: 15A NCAC 2D .0540 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: ADOPTIONS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

A new regulation is being considered to control particulates and lead from sandblasting. Most likely the regulation 

would be based on visible emissions or source-conducted ambient monitoring. 

APA #: El 454 

SUBJECT: SMALL MOTOR REPAIR BAKE-OFF OVEN INCINERATOR PERMIT EXEMPTION 

RULE CITATION #: 15A NCAC 2Q .0102 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4); 143-215.108 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

These bake off ovens contain an incinerator considered an air pollution control device, therefore they are technically 

required to be permitted. An exemption added to the rule could however exclude these ovens from the permit 

requirement. 
SCOPE/NATURE/SUMMARY : 

Technically these bakeoff ovens could be treated as paint spray booths with filters and water washes are treated. 

This rule, .0102, could be amended to define incinerators on this type of oven as an integral part of the oven, not 

air pollution. 

APA #: El 455 

SUBJECT: STACK TESTING AND REPORTING AND RECORD KEEPING 

RULE CITATION #: 15A NCAC 2D .0501, possible rules 2D .0600, .0900 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919) 733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To update stack testing rules and to write some of the oral policies into the rules. It will clarify some rules 
containing record keeping and reporting requirements so that industries know the types of records necessary to keep 
and report. 



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SCOPE/NATURE/SUMMARY : 

A new section may be developed to contain all the stack testing procedures. Currently most testing provisions are 
contained in 2D .0501 with emissions standards while some are in .0900, volatile organic compounds. 

APA #: El 456 

SUBJECT: VOC CAPTURE EFFICIENCY TEST PROCEDURES 

RULE CITATION #: 15A NCAC 2D .0900 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The EPA has identified in N.C. Reasonably Available Control Technology rules a deficiency of details on test 

procedures for determining capture efficiency. 
SCOPE/NATURE/SUMMARY : 

After EPA has completed evaluating its recommended procedures, rules will have to be amended or developed to 

implement these test procedures. 

APA #: E1459 

SUBJECT: Criteria and Standards Applicable to Underground Storage Tanks (UST rules) 
RULE CITATION #: 15A NCAC 2N .0102, .0104, .0203, .0301-.0303, .0405, .0501-.0506, .0703, .0706, 

.0707, .0801-.0803 
STATUTORY AUTHORITY: G.S. 12-3. 1(c); 143-215. 3(a)(15); 143B-282(2)(h); 150B-14(c) 
DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/GROUNDWATER 
DIVISION CONTACT: Arthur Mouberry/Dr. Burrie Boshoff 
DIVISION CONTACT TEL#: (919)733-3221 
DATE INITIATED: 
DURATION OF RULE: Permanent 
TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 
GOV LEVELS AFFECTED: Local State 
REASON FOR ACTION : 

To clarify rules, upgrade technical requirements that underground storage tank owners and operators, meet new 

statutory requirements of Senate Bill 1012 ratified on July 5, 1995, and improve compliance with information 

requirements to protect the groundwaters of the State. 
SCOPE/NATURE/SUMMARY : 

Will be made available to Division approval. 

APA #: El 460 

SUBJECT: Capacity Use Area Water Withdrawal (Capacity Use Groundwater Rules) 

RULE CITATION #; 15A NCAC 2E 

STATUTORY AUTHORITY: 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/GROUNDWATER 

DIVISION CONTACT: David Hance/Ted Bush 

DIVISION CONTACT TEL#: (919)715-6189/733-3221 

DATE INITIATED: 

DURATION OF RULE: Permanent 

TYPE OF RULE: ADOPTIONS(l) Amendments(l) 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: Local State 

REASON FOR ACTION : 

To reflect changes to the North Carolina general statutes for the protection of the groundwaters of the state. 



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APA #: E1461 

SUBJECT: Cape Fear/northeast Cape Fear Peninsula Area RS Designation 

RULE CITATION #: 15A NCAC 2L .0104 

STATUTORY AUTHORITY: G.S. 143-214.1; 143-215. 3(a)(1); 143B-282(2) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/GROUNDWATER 

DIVISION CONTACT: David Hance 

DIVISION CONTACT TEL#: (919)715-6189 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

APA #: El 462 

SUBJECT: REQUESTS FOR VARIANCES PURSUANT TO 15 A NCAC 2L 

RULE CITATION #: 15A NCAC 2L .0113 

STATUTORY AUTHORITY: 143-215. 3(a)(1); 143-215. 3(a)(3); 143-215. 3(a)(4); 143-215. 3(e); 143-215.4 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/GROUNDWATER 

DIVISION CONTACT: DAVID HANCE 

DIVISION CONTACT TEL#: (919)715-6189 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

APA #: El 463 

SUBJECT: Well Construction Standards; Underground Injection Wells 

RULE CITATION #: 15A NCAC 2C .0201-.0214(AMEND),.0215(ADOPTION) (VARIANCE), 
.02 16( ADOPTION) 

STATUTORY AUTHORITY: G.S. 87-84; 87-85; 87-86; 87-87; 87-87(4); 87-88; 87-90; 87-94; 87-95; 87-96; 
143-211; 143-213; 143-214.2; 143-214.2(b); 143-215.1 A; 143-215.3(a)(l); 143-215. 3(a)(4); 143-215.3(c);143-215.6(c); 
150B-23; 40 CFR Part 144.52(7); 40 CFR Part 145.11(a)(20) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/GROUNDWATER 

DIVISION CONTACT: David Hance/Linda Roderick 

DIVISION CONTACT TEL#: (919)715-6189/733-7015 

DATE INITIATED: 2/24/95 

DURATION OF RULE: Permanent 5/1/96 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Amendments to 15A NCAC 2C .0200 reflect the adoption of NCGS 143-215.1 A providing for "closed loop 
groundwater remediation systems". New "area of review" criteria, permitting, classification, and well construction 
requirements are specified for Class V injection wells. Amendments clarify corrective action requirements for 
improperly constructed injection wells. Amends rules to require that well owners notify the State of any 
change-of-status of an injection well. Proposes the adoption of new requirements for variances and delegation of 
regulatory authority. 

SCOPE/NATURE/SUMMARY : 

15A NCAC 2C .0200 specifies the criteria and standards to allow the lawful injection of fluids into wells, ground 
waters, waters, and lands consistent with requirements of NCGS 143-214. 2(b) and NCGS 143-215. 1A. Also 
specifies that injected substances will not create a threat to human health or render waters unsuitable for their 
intended best usage. 

APA #: El 464 

SUBJECT: EPA PERMITTING RULES UPDATE AND/OR TECHNICAL MODIFICATIONS 
RULE CITATION #: 15A NCAC 2 



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STATUTORY AUTHORITY: 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/WATER QUALITY 

DIVISION CONTACT: BOYD DEVANE 

DIVISION CONTACT TEL#: (919)733-5083 

DATE INITIATED: 

DURATION OF RULE: Permanent 

TYPE OF RULE: ADOPTIONS(l) Amendments(l) 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Federal regulations require states to modify their rules to assure consistency with all federal regulations. A recent 
EPA review has found several federal regulations that need either adoption in state rules in permit issuance & ADM 
requirements. 

SCOPE/NATURE/SUMMARY : 

Although the requirements are all being applied at this time through permit conditions, EPA requires codification 
in rule form, so rulemaking in permitting issuance and administrative requirements will need to take place. 

APA #: El 473 

SUBJECT: PERMIT BY RULE FOR SMALL TIRE COLLECTION SITES 

RULE CITATION #: 15A NCAC 13B .1100 

STATUTORY AUTHORITY: 

DIVISION/SECTION: SOLID WASTE MANAGEMENT 

DIVISION CONTACT: ERNEST LAWRENCE 

DIVISION CONTACT TEL#: (919)733-0692 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

AMEND THE RULES TO ALLOW "PERMIT BY RULE" FOR SMALL TIRE COLLECTION SITES. AMEND 
THE RULES TO MODIFY FINANCIAL ASSURANCE REQUIREMENTS FOR PERMITTED TIRE 

COLLECTION. 

APA #: El 475 

SUBJECT: SOLID WASTE MANAGEMENT FACILITY OPERATOR TRAINING 

RULE CITATION #: 15 A NCAC 13B 

STATUTORY AUTHORITY: 

DIVISION/SECTION: SOLID WASTE MANAGEMENT 

DIVISION CONTACT: ERNEST LAWRENCE 

DIVISION CONTACT TEL#: (919)733-0692 

DATE INITIATED: 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

TO BETTER PROTECT THE ENVIRONMENT AND THE PUBLIC HEALTH BY REQUIRING TRAINED 
CERTIFIED PERSONNEL TO OPERATE SOLID WASTE MANAGEMENT FACILITIES 

SCOPE/NATURE/SUMMARY : 

THIS RULE WILL ESTABLISH QUALIFICATIONS FOR OPERATORS OF SOLID WASTE MANAGEMENT 
FACILITIES. ALL OPERATORS MUST BE CERTIFIED THROUGH A STATE-APPROVED TRAINING 
COURSE. 

APA #: El 476 

SUBJECT: Classifications and Groundwater Quality Standards (Chloroethane and Diphenyl) 
RULE CITATION #: 15A NCAC 2L .0202 



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STATUTORY AUTHORITY: G.S. 143-214.1; 143B-282(a)(2) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/GROUNDWATER 

DIVISION CONTACT: David Hance 

DIVISION CONTACT TEL#: (919)733-3221 

DATE INITIATED: 12/1/94 

DURATION OF RULE: Permanent 11/1/95 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The amendment to 2L .0202, Groundwater Quality Standards, will establish groundwater standards Cloroethane 
and Dephenyl (1,1-diphenyl). Action to consider adoption of concentration levels for these two substances as 
groundwater standards is necessary to satisfy requirements of 15A NCAC 2L. 0202(c). 

SCOPE/NATURE/SUMMARY : 

Specifies the maximum allowable concentration of substances in Class GA, GSA and GC groundwaters and 
procedures to establish standards for substances. 



APA #: El 489 

SUBJECT: Assignment of Surface Water Classifications for several river basins 

RULE CITATION #: 15A NCAC 2B .0303, .0308, .0309, .0310, .0315 and .0316 

STATUTORY AUTHORITY: G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/WATER QUALITY 

DIVISION CONTACT: Suzanne Hoover 

DIVISION CONTACT TEL#: (919)733-5083 

DATE INITIATED: 12/13/94 

DURATION OF RULE: Permanent 10/1/95 

TYPE OF RULE: AMENDMENTS(8) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The purpose of these proposed actions is to reclassify portions of eight streams and rivers across the state. Seven 
of the eight surface waters are proposed for classification for primary recreational activities (Classes B and SB). 
One of the areas is currently an unnamed tributary and is proposed for identification and classification in the 
schedule of classifications. In the case of the primary recreational areas, water quality analyses conducted by the 
Division of Environmental Management indicate that these areas meet the criteria for the B and SB classifications. 
Fecal coliform concentrations are within the standard of 200 MFOCC/100 ml as characterized by the geometric 
mean of five samples within 30 days. A copy of the applicable portion of the rule is attached for reference. All 
waters have been identified by regional staff or local staff or local citizens as being used for recreational activities. 
The specific waters and the county that they are in are listed below. 



Surface Water 
Justice Reynolds River 
Tuckaseegee River 

Deep Creek 
Tuckers Lake 
Neuse River 



Segment Proposed for Reclassification County 

from Burner Mill pond to the Yadkin River Yadkin 

from West Fork Tuckaseegee River to Savannah Creek Jackson 

and from Macks Town Branch to Cochran Branch 

from Indian Creek to the Tuckaseegee River Swain 

entire associated tributary; from source to Hannah Creek Johnston 

from Streets Ferry bridge to a line across the river from Craven 

Johnston Point to McCotter Point 

from highway 401 to highway 711/72 

from source to Pamlico River 

from Rhodhiss Dam to highway 321 



from Laurel Branch to Armstrong Creek 



Lumber River from highway 401 to highway 711/72 Robeson 

Huddles Cut from source to Pamlico River Beaufort 

Lake Hickory from Rhodhiss Dam to highway 321 Caldwell 

(Catawba River) 
North Fork 
Catawba River 
SCOPE/NATURE/SUMMARY : 

The purpose of these rule changes is to protect the waters' primary recreational uses. 

waters classified for primary recreational activities must comply with reliability standards set forth in 15A NCAC 

2H .0124. Reliability standards require facilities to have dual drain systems or backup power supplies to prevent 



McDowell 



Wastewater discharges to 



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the discharge of untreated sewage during instances of power failure. There are no existing public facilities 
discharging to the affected waters that are not currently in compliance with the reliability standards. Therefore, 
these reclassifications will not result in the expenditure of state or local government funds in order to bring 
discharges into compliance. Because of this, no fiscal note is necessary. 

APA #: El 546 

SUBJECT: WELL CONSTRUCTION STANDARDS: UNDERGROUND INJECTION WELLS 

RULE CITATION #: 15A NCAC 2C .0201, .0204-.0216 

STATUTORY AUTHORITY: G.S. 87-84; 87-85; 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 143-213; 143-214.2; 
143-214.2(b); 143-215. 3(a)(1), (c); 143-215. 3(c); 143-215. 6(c); 40 CFR Part 144.52(7); 40 CFR Part 145.11(a)(20) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/GROUNDWATER 

DIVISION CONTACT: DAVID HANCE 

DIVISION CONTACT TEL#: (919)733-3221 

DATE INITIATED: 2/24/95 

DURATION OF RULE: Permanent 12/1/95 

TYPE OF RULE: ADOPTIONS(2) Amendments(12) 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Amendments to 15A NCAC 2C .0200 reflect the adoption of North Carolina General Statute 143-215.1 A providing 
for "closed loop groundwater remediation systems". New "area of review" criteria, permitting, classification, 
and well construction requirements are specified for Class V injection wells. Amendments clarify corrective action 
requirements for improperly constructed injection wells. Amends rules to require that well owners notify the State 
of any change-of-status of an injection well. Proposes the adoption of new requirements for variances and 
delegation of regulatory authority. 

SCOPE/NATURE/SUMMARY : 

15A NCAC 2C .0200 specifies the criteria and standards to allow the lawful injection of fluids into wells, ground 
waters, waters, and lands consistent with requirements of NCGS 143-214. 2(b) and NCGS 143-215.1 A. Also 
specifies that injected substances will not create a threat to human health or render waters unsuitable for their 
intended best usage. 

APA U: El 553 

SUBJECT: CRC Guidelines for Preparation of Local Land Use Plans 

RULE CITATION #: 15A NCAC 7B .0101, .0201-.0216, .0401-.0406, .0501-.0507 

STATUTORY AUTHORITY: G.S. 113A-110; 113A-124; 113A-107(a) 

DIVISION/SECTION: COASTAL MANAGEMENT 

DIVISION CONTACT: Rich Shaw 

DIVISION CONTACT TEL#: (919)733-2293 

DATE INITIATED: 3/2/95 

DURATION OF RULE: Permanent 12/1/95 

TYPE OF RULE: ADOPTIONS(4) Amendments(23) Repeals(3) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: Local State 

REASON FOR ACTION : 

Rule clarification and response to recommendations from the CRC, CRAC and Coastal Futures GamrriHn 

SCOPE/NATURE/SUMMARY : 

The subject guidelines are used by local governments for the preparation of local land use plans and the required 
five year update of existing plans. The guidelines provide a basic format for the plans as well as general standards 
for use by the CRC in reviewing the plans for certification. The changes include editorial improvements, 
administrative changes, greater attention to public participation, the use of "sketch" plans, preparation of an 
executive summary, and planning on a regional or watershed basis. 

APA #: El 554 

SUBJECT: Free Standing Moorings 

RULE CITATION #: 15A NCAC 7H .0208 

STATUTORY AUTHORITY: G.S. 113A-107(b); 113A-108; 113A-1 13(b); 113A-124 

DIVISION/SECTION: COASTAL MANAGEMENT 



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DIVISION CONTACT: Terry Moore 
DIVISION CONTACT TEL#: (919)946-6481 
DATE INITIATED: 3/2/95 
DURATION OF RULE: Permanent 12/1/95 
TYPE OF RULE: AMENDMENTS(l) 
STAGE OF DEVELOPMENT: Draft Rule Stage 
GOV LEVELS AFFECTED: None 
REASON FOR ACTION : 

Develop specific guidelines for mooring installation to control proliferation of this type of development that 

heretofore has not been closely regulated. 
SCOPE/NATURE/SUMMARY : 

These rules will be applied to applications for CAMA major development permits for installation of mooring buoys 

that cannot be approved by general permits. 

APA #: E1558 

SUBJECT: SEPTAGE MANAGEMENT 

RULE CITATION ft: 15A NCAC 13B .0802 THROUGH .0829 

STATUTORY AUTHORITY: G.S. 130A-291.1 

DIVISION/SECTION: SOLID WASTE MANAGEMENT 

DIVISION CONTACT: TED LYON 

DIVISION CONTACT TEL#: (919)733-0692 

DATE INITIATED: 3/16/95 

DURATION OF RULE: Permanent 10/1/95 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Repeal of existing septage rules and adoption of new rules is necessary to accommodate recent changes in minimum 
standards for septage disposal specified by U. S. EPA 40 CFR 503. Additionally, the 1992 and 1993 N. C. 
Legislative Sessions require the Division to regulate portable toilet waste, certain sludges, grease trap pumpings and 
commercial and industrial septage. Flexibility on certain siting requirements is included in these rules. Permitting 
requirements for treatment and detention facilities have been added. 

SCOPE/NATURE/SUMMARY : 

The proposed rule making action will repeal all existing Section .0800 Septage Management Rules and adopt new 
rules utilizing old text as well as new to satisfy new federal and state mandates for rule change. Specifically, new 
text would be adopted to accommodate changes in minimum standards for septage disposal required within U.S. 
EPA 40 CFR 503. 

Additionally, the 1992 and 1993 N. C. Legislative Sessions required the Department to regulate portable toilet 
waste, certain sludge, grease trap pumping and commercial/industrial septage. Flexibility on certain sting 
requirements is included in these rules. 

As proposed, the new rules generally strike a balance between more restrictive language such as no septage sites 
in water quality critical areas and less restrictive rule text involving Soil Group Texture Classifications and distance 
requirements from septage application sites to upslope wells and springs. Due to the new federal and state 
requirements, many of the following areas are being specifically addressed for the first time: 

A. Septage land application and site permit application requirements are expanded (.0819) 

B. Automatic penalty for late payment of fees (.0818) 

C. Permit requirements for detention and treatment facilities (.0820) 

D. Septage application rates specified (.0822) 

E. Additional septage site management requirements (.0822) 

F. Record keeping requirements for septage management firms (.0823) 

G. Sampling and analysis requirements (.0824) 

H. Standards for detention and treatment facilities are expanded (.0825) 

APA #: E1561 

SUBJECT: Proposed reclassification of the North Toe River water supply watershed (Avery county) 



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RULE CITATION #: 15A NCAC 2B .0304 (FRENCH BROAD RIVER BASIN) 

STATUTORY AUTHORITY: G.S. 143-214.1; 143-215.1; 143-215.3(a)(l) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Steve Zoufaly 

DIVISION CONTACT TEL#: (919)733-5083 

DATE INITIATED: 3/27/95 

DURATION OF RULE: Permanent 11/1/95 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The North Toe River in Avery County (French Broad River Basin) is currently classified as WS-III. This watershed 
has been in litigation due to a proposal to locate the water supply intake for the Town of Spruce Pine (Mitchell 
County) in Avery County. This is a proposal to reclassify the North Toe River watershed as a WS-IV and allow 
Avery County to implement its subdivision ordinance which is similar to the development requirements for a WSTV 
classification. 

SCOPE/NATURE/SUMMARY : 

The North Toe River in Avery and Mitchell Counties (French Broad River Basin) was initially classified for water 
supply use in 1989 at the request of the Town of Spruce Pine (Mitchell County). The North Toe River watershed 
is currently classified as WS-HI with the Critical Area located immediately upstream of the Town of Spruce Pine. 
The Critical Area location was based on the Town's preference for the water supply intake. However, 
subsequently, the Division of Environmental Health recommended that the intake be located further upstream (in 
Avery County) so as to minimize the risk of potential contamination at the water supply intake. 

Under the current WS-HJ classification, with the proposed intake located just upstream of the Town of Spruce Pine, 
the affected local governments are Avery and Mitchell Counties, along with the Towns of Newland and Sugar 
Mountain (both are in Avery County). If the water supply intake is located in Avery County near Highway 19E 
the result would be that less of Mitchell County would be affected but, the same local governments would still have 
jurisdiction within the watershed. However, Avery County does not wish to be responsible for implementing the 
requirements of the Water Supply Watershed Protection Act (Act), North Carolina General Statute 143-214.5, and 
the State's minimum rules for drinking water supply watershed protection. A proposal has been presented to Avery 
County in order to address their concern. The proposal under consideration is to reclassify a portion of the North 
Toe River watershed as a WS-IV, incorporating a Protected Area that would extend ten miles upstream of a water 
supply intake to be located in Avery County near Highway 19 East. This proposal would exclude the Town of 
Newland (Avery County seat) and Sugar Mountain from the designated Protected Area and reduce the affected area 
size from 70,956 acres to 35,490 acres. In addition to the proposed reclassification, Avery County would be 
allowed to implement their subdivision ordinance rather than the State's minimum criteria. The Act states that the 
Environmental Management Commission may approve a local government water supply watershed protection 
program if it determines that the requirements of the program equal or exceed the minimum statewide requirements. 
If the Commission approves the proposed reclassification and the alternative management strategy for the North Toe 
River watershed then the affected local governments will have the option of modifying their drinking water supply 
watershed protection ordinance. 

Summary: 

* To move intake location from Mitchell County to Avery County; 

* To reclassify portion of North Toe River from WS-III to WS-IV; 

* To utilize Avery and Mitchell Counties' subdivision ordinances; and 

* To require buffer along perennial waters. 

This proposal is conceptual and subject to change. The local governments, in particular Avery County, will need 
to decide what course of action they wish to take and it is expected that they will convey their wish to the Division 
of Environmental Management in the very near future. It is expected that if Avery County does request a water 
supply reclassification and an alternative water supply watershed protection management strategy then the 
rule-making process will be on a very fast track and will need to be expedited. 



APA #: E1567 

SUBJECT: Rules for Privatizing State Oversight Role at Voluntary Cleanup Sites 



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RULE CITATION #: 15A NCAC 13C. 0300 (New Section)November 7, 1995 

STATUTORY AUTHORITY: G.S. 130A-3 10. 12(b), 130A-310.1(c), 130A-3 10.3(c), 130A-310.5(a), 

130A-310.6, 130A-3 10.9(b), 130A-3 10.3(d) and G.S. 132 
DIVISION/SECTION: SOLID WASTE MANAGEMENT 
DIVISION CONTACT: CHARLOTTE V. JESNECK 
DIVISION CONTACT TEL#: (919)733-2801 
DATE INITIATED: 4/4/95 
DURATION OF RULE: Permanent 
TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 
GOV LEVELS AFFECTED: None 
REASON FOR ACTION : 

Amendments to the Inactive Hazardous Sites Response Act in 1994 (HB 1961) and 1995 (HE- 708) direct the 

Commission for Health Services to adopt rules governing the selection and use of consulting firms to implement 

and oversee voluntary site cleanup actions. 
SCOPE/NATURE/SUMMARY : 

House Bill 708 states that the rules shall specify: 

(1) Standards applicable to private environmental consulting and engineering firms. 

(2) Criteria and procedures for approval of firms by the Department. 

(3) Requirements and procedures under which the Department monitors and audits a voluntary remedial action 
complies with applicable federal and state law, regulation, and under which the owner, operator, or other 
responsible party reimburses the Department for the cost of monitoring and auditing the voluntary remedial action. 

(4) Any financial assurances that may be required of an owner, operator, or other responsible party that 
chooses to implement a voluntary remedial action under G.S. 130A-3 10.9(c). 

(5) Requirements for the preparation, maintenance, and public availability of work plans and records, reports 
of data collection including sampling, sample analysis, and other site testing, and other records and reports that are 
consistent with the requirements applicable to remedial actions generally. 

APA #: E1572 

SUBJECT: On-site Distillation for Recycled Solvents 

RULE CITATION #: 15 A NCAC 2D .0518 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a), (5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 4/3/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: Amendment 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To facilitate the use of on-site recycling of solvents. 

SCOPE/NATURE/SUMMARY : 

Concern has been expressed about the impact of 15A NCAC 2D .0518, Miscellaneous Volatile Organic Compound 
Emissions, on on-site recycled solvents. This Rule defines a photochemically reactive material on the basis of the 
fraction of compounds making up the solvent mix. If a material is defined as photochemically reactive, its use is 
restricted or controls are required. For example, xylene is defined as a photochemically reactive compound. Any 
mixture of xylene with non-photochemically reactive solvents that contain less than eight percent xylene is 
considered non-photochemically reactive. If xylene exceeds eight percent of the mixture, the material is considered 
photochemically reactive. A solvent may begin as a non-photochemically reactive solvent, but through using, 
capturing, and recycling it may become a photochemically reactive solvent because the non-photochemically reactive 
compounds may evaporate at a faster rate than the photochemically reactive compounds. As a result of this 
phenomena, potential users of on-site recycling hesitate to use on-site recycling because of the cost of analyzing the 
recycled material each time to ensure that it is still defined as non-chemically reactive. 

To overcome this problem and to encourage the use of on-site recycling, 15A NCAC 2D .0518 would have to be 
amended to address on-site recycling. The amendment would allow the use of recycled material without analysis 



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if (1) the material is recycled on-site, (2) the original material is non-photochemically reactive and (3) all make up 
material is non-photochemically reactive. Also a permit exemption may be added to 15 A NCAC 2Q .0102, 
Activities Exempted from Permit Requirements, to exempt portable recycling distillation units that are at a facility 
for no more than, say, seven consecutive days. Permanent recycling distillation units would be considered for 
permitting although most of them would qualify for exemption from permitting under one of the current exemptions 
from permitting. 

APA #: El 573 

SUBJECT: Permit Fees 

RULE CITATION #: 15A NCAC 2Q .0109, .0201 - .0204, .0207 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1), (la), (lb), (Id); 143-215. 106A; 150B-21.6; 
143-215.108; 143-215.109; 143-215.65; 143-215.107 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-3340 

DATE INITIATED: 4/3/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: Amendment (6) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To clarify permit fee rules and reporting requirements. 

SCOPE/NATURE/SUMMARY : 

15A NCAC 2Q .0201, Applicability, is proposed to be revised to clarify the requirements for facilities subject to 
Title V requirements that have a general permit will have fees adjusted for inflation and be subject to same 
requirements as a regular Title V permit. The way the Rule is currently worded, it is not clear whether fees for 
Title V general permits will be adjusted for inflation or remain constant. 

The definition of "Title V facility" in 15A NCAC 2Q .0202, Definitions, is proposed to be amended to clarify that 
any pollutant regulated solely because it is subject to Section 1 12(r) of the federal Clean Air Act is not to be used 
to determine whether or not a facility is subject to the Title V permit fees. (Section 112(r) regulates accidental 
releases.) The way the definition is currently worded, pollutants subject solely to Section 112(r) requirements could 
be used to require a facility to pay Title V permit fees. The intent of the fees rules is not to require facilities that 
would otherwise be major only because of a pollutant regulated solely under Section 112(r) to pay Title V fees. 

15A NCAC 2Q .0203, Permit and Application Fees, is proposed to be amended to clarify the payment of fees for 
a permit revision when a facility modification or for a permit for a new facility is made under a permit issued 
following the procedures in Section 15A NCAC 2Q .0300 and then later placed in the permit following the 
provisions under Section 15A NCAC 2Q .0500. (Section 15A NCAC 2Q .0300 contains the permitting procedures 
for non-Title V facilities. Section 15A NCAC 2Q .0500 contains the permitting procedures for Title V facilities.) 
The amendment would clarify that the applicant need only pay the Title V modification fee. The applicant would 
not be required to pay both the fee for a modification for Section .0300 and the fee for a Title V modification. This 
rule is also proposed to be amended to clarify that when a revision is made in the State-only enforceable section of 
a Title V facility's permit, the fee will be the same as the fee for a minor modification. Currently, the fee that 
should be paid for such permit revision is unclear. 

15A NCAC 2Q .0207, Annual Emissions Reporting, requires Title V facilities and facilities in ozone nonattainment 
areas or maintenance areas with actual emissions of volatile organic compounds (VOC) or nitrogen oxides (NOx) 
of 25 tons per year or more to report actual and potential emissions of each regulated pollutant, hazardous air 
pollutant, and toxic air pollutant annually. There is no federal requirement for non-Title V facilities in ozone 
nonattainment and maintenance areas to report emissions of pollutants other than VOC and NOx. Therefore, this 
Rule is proposed to be amended to require these facilities to report only their actual emissions of VOC and NOx. 
Title V facilities would continue to report emissions of most regulated pollutants, hazardous air pollutants, and toxic 
air pollutants. This Rule currently requires that actual emissions and potential emissions be reported. Removal of 
the requirement to report potential emissions is also being proposed. Fees are based on actual emissions. 

APA #: El 574 



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SUBJECT: Definition of Volatile Organic Compound 

RULE CITATION #: 15A NCAC 2D .0531 and .0901 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5); 143-215. 108(b); 150B-21.6 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-3340 

DATE INITIATED: 4/3/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To revise the definition of volatile organic compound to exclude volatile methyl siloxanes (VMS) and 
parachlorobenzotriuflouride (PCBTF). Also possibly revise the definition to exclude acetone. 

SCOPE/NATURE/SUMMARY : 

On October 5, 1994, EPA revised the definition of volatile organic compounds to exclude VMS and PCBTF as 
volatile organic compounds for the purposes of ozone State implementation plans (SIP) and ozone control. The 
definition of volatile organic compound in 15A NCAC 2D .0901, Definitions, and the list of exempted pollutants 
in 15A NCAC 2D .0531, Sources in Nonattainment Areas, are proposed to be revised by adding: 
"parachlorobenzotriflouride (PCBTF) and cyclic, branched, or linear completely methylated siloxanes." 

On September 30, 1994, EPA proposed to revise the definition of volatile organic compounds to exclude acetone 
as a volatile organic compound for the purposes of ozone state implementation plans (SIP) and ozone control. The 
definition of volatile organic compound in 15A NCAC 2D .0901, Definitions, and the list of exempted pollutants 
in 15A NCAC 2D .0531, Sources in Nonattainment Areas, are proposed to be revised by adding acetone. 

These rules may also be amended to add a provision that would automatically include any future compounds that 
EPA may define as not being volatile organic compounds. 

APA #: E1575 

SUBJECT: Parking Facility Permitting Thresholds 

RULE CITATION #: 15A NCAC 2D .0802, .0805 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215.109 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-3340 

DATE INITIATED: 4/3/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: Local State 

REASON FOR ACTION : 

To change criterium for determining whether adjacent parking facilities are to be considered as one parking facility 
or separated parking facilities and to add criteria that the Director may use to waive the necessity of a permit for 
expansions. 

SCOPE/NATURE/SUMMARY : 

15A NCAC 2D .0805, Parking Facilities, defines adjacent parking lots, decks, or garages that are connected such 
that a person may drive from one to another without having to travel on a public street or road as being one lot or 
deck. The intent of this definition is to define what constitutes a single parking facility for permitting purposes and 
to prevent circumventing an ambient air quality impact analysis. In order to avoid doing an ambient air quality 
impact analysis, an owner or developer may construct several small parking facilities that do not require an analysis 
and then connect these parking facilities with internal roads. If the owner had built one large parking facility, an 
analysis would have been required. The rule prevents this type of circumvention. This definition has caused some 
owners and developers of new lots not to connect them to existing lots with an internal road in order to avoid having 
to obtain a permit and do an analysis. The results of not putting in these internal roads has been an increase in 
traffic flow and congestion on the external public roads around some parking facilities. Such congestion often leads 
to a degradation of air quality at the intersections serving the parking facility. These internal connecting roads are 



2360 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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often desirable because they reduce the external traffic flow and ease congestion. To overcome this problem the 
internal road criterium would be deleted. It would be replaced by the following criterium: "New or modified 
parking lots, decks, or garages with a parking capacity of 500 or more spaces shall be considered one lot or deck 
if (1) they are directly adjacent to existing or proposed parking facilities where the combined parking capacities are 
greater than that which would require a permit and (2) they use the same public roads and traffic network." 

15A NCAC 2D .0805 requires a permit if an existing parking lot is expanded by 500 or more. This criterium is 
generally for urbanized settings. There are large parking lots in rural areas that can be expanded beyond this limit 
with no potential adverse affect on air quality. Criteria are needed to enable the Director to waive permitting 
requirements for some parking facility expansions. Among the criteria being considered is that the parking facility 
is located in any rural area and that there is no evidence that the expansion will cause or contribute to an air quality 
problem. 

Some definitions may have to be added to 15A NCAC 2D .0802, Definitions. Definitions may be needed for 
"directly adjacent" and "rural". 

APA #: E1576 

SUBJECT: Air Quality Permitting Rules 

RULE CITATION #: 15A NCAC 2Q .0103, .0501, .0503, .0507, 2D .0101 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1), (la), (lb), (Id); 143-212; 143-213; 143-215. 106A; 
143-215. 107(a)(10); 143-215.108; 150B-21.6 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 4/3/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: Amendment (5) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To correct errors that have been found since adoption of permit rules and to make some clarifications. 

SCOPE/NATURE/SUMMARY : 

15A NCAC 2Q .0103, Definitions, is proposed to be revised to add a definition for "lesser quantity cutoff and to 
modify the definition of "facility." 

Questions have arisen as to what "lesser quantity cutoff" means in the list of permit exemptions. The following 
definition is being considered for "lesser quantity cutoff": "'Lesser quantity cutoff" means (1) for a source subject 
to the requirements of Section 112(d) or (j), the level of emissions of hazardous air pollutants below which a 
maximum achievable control technology (MACT) or generally available control technology (GACT) requirement 
promulgated under Section 112(d) of the federal Clean Air Act or a substitute MACT or GACT adopted under 
Section 112(1) of the federal Clean Air Act or a MACT standard established under Section 112(j) of the federal 
Clean Air Act; (2) for modification of a source subject to, or may be subject to, the requirements of Section 1 12(g) 
of the federal Clean Air Act, the level of emissions of hazardous air pollutants below which MACT would not need 
to be applied under Section 112(g) of the federal Clean Air Act; (3) for all other sources, potential emissions of each 
hazardous air pollutant below 10 tons per year and the aggregate potential emissions of all hazardous air pollutants 
below 25 tons per year." The definition is the way that the Air Quality Sections has been interpreting "lesser 
quantity cutoff." 

The definition of "facility" is proposed to be amended to clarify that it does not include transportation facilities. 
The definition would be changed to read, "'Facility' means all of the potential emitting activities, except 
transportation facilities as defined under Rule .0602 of this Subchapter, that are located on one or more adjacent 
properties under common control." The exception clause is the new language. This change would also be made 
to the definition of "facility" in 15A NCAC 2D .0101, Definitions, to keep the definitions the same. This change 
is being made to prevent possible permitting problems. 

The definition of "insignificant activities" in 15A NCAC 2Q .0503, Definitions, needs to be amended to remove 
the cross-reference to rule that has been revised. The language in the referenced rule has been revised to remove 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2361 



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the part that was being referenced. 

The cross-reference in Paragraph (j) of 15A NCAC 2Q .0507, Application, to the federal Clean Air Act is incorrect. 
The correct reference is Section 112(i)(5) of the federal Clean Air Act. 

15A NCAC 2Q .0501, Purpose of Section and Requirement for a Permit, is proposed to be revised to clarify how 
permit applications for modifications are to be processed before a facility receives a permit pursuant to the Title V 
permitting procedures. Such permit applications for modifications should follow the non-Title V permitting 
procedures until the facility receives a permit following the Title V permitting procedures. 

APA #: E1577 

SUBJECT: Minor Permit Revisions for non-Title V and Inadvertent Exceedence of Permit Condition 

RULE CITATION #: 15A NCAC 2Q .03XX and 2D .05XX 

STATUTORY AUTHORITY :G.S. 143-215. 3(a)(1) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-3340 

DATE INITIATED: 4/3/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: Local State 

REASON FOR ACTION : 

The Chemical Council of North Carolina has requested a rule to allow operational changes that currently require 
a permit modification but do not increase site air toxic emissions to be made without permit modification and then 
allow industry to demonstrate compliance with acceptable ambient levels (AAL) after changes are made. 

SCOPE/NATURE/SUMMARY : 

Under the current rules, industry must obtain a modification to its permit before it makes a change that would 
normally require a permit. Also if a facility violated its permit inadvertently or deliberately, it would be in violation 
of its permit and subject to fines. To allow a facility to undertake changes at the plant site prior to receiving a 
permit and to provide a mechanism for a facility to demonstrate that a violation of its permit was inadvertent and 
thus avoid a violation would require two rules. 

Minor Permit Revisions for Non-Title V Facilities. A rule modeled after the minor permit revision rule for Title 
V facilities could be adopted for non-Title V facilities. Under this rule a facility could proceed to make a 
modification after certain period of time (say, 7 days) after filing an application with DEM to make the change. 
It would not have to wait for DEM to issue the permit before making the change. Certain criteria would have to 
be met in order to qualify for such a minor permit revision. Among the criteria being considered are no violation 
of any applicable requirement, no increase of emissions of any air pollutant, no incremental increase in the ambient 
air concentration of any criteria pollutant, no increase in the ambient air concentration of any toxic air pollutant, 
and no change in a permit condition assumed to avoid an applicable requirement to which the facility would have 
otherwise be subject. Also some restrictions may be added on change monitoring, recordkeeping, and reporting 
requirements. 

Inadvertent Exceedence of Permit Conditions. A rule modeled after the malfunction rule could be adopted to 
provide procedures for a facility to follow to demonstrate that an exceedence of a permit condition is the result of 
an inadvertent, unanticipated, unexpected, or unforeseen event and, therefore, the facility should not be considered 
in violation. (Some examples of such events are (1) accidentally knocking down a stack during construction and 
thereby requiring ducting the exhaust carried from the downed stack to a stack not permitted to carry this exhaust 
and (2) having a production line to burn up and thus having to increase production on other lines at the facility to 
compensate for the lost line.) An initial report of such an event would have to be submitted to DEM within a 
certain amount of time (say within two business days) and would have to be followed by a detailed report within 
a certain amount of time (say 30 days). Certain criteria would have to be met in order to qualify for an excused 
exceedance of permit conditions. Among other criteria being considered are no violation of any air pollutant, no 
incremental increase in the ambient air concentration of any criteria pollutant, no increase in the ambient air 
concentration of any toxic air pollutant, and no violation of a permit condition assumed to avoid an applicable 
requirement to which the facility would have otherwise been subject. Furthermore, the facility would have to 



2362 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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demonstrate that the event was inadvertent, unanticipated, unexpected, or unforeseen and could not have been 
anticipated, expected or foreseen. Also such an event is not part of a reoccurring pattern. If the deviation is 
expected to last beyond a certain amount of time (say 6 months), the facility should file a permit application to 
amend the permit to describe the new conditions. 

APA #: E1578 

SUBJECT: Emergency Exceedance of Permit Condition 

RULE CITATION #: 15A NCAC 2D .05XX 

STATUTORY AUTHORITY: G.S. 143-215.3(a)(l) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-3340 

DATE INITIATED: 4/3/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: Local State 

REASON FOR ACTION : 

Occasionally conditions arise or events happen where a source or facility must violate the terms and conditions of 
its permit in order to protect the health and safety of the general public. An example of such a situation is the barge 
damaging a bridge on the Outer Banks and knocking down power lines thereby requiring an electric utility peaking 
unit to operate above restrictions placed in its permit to avoid prevention of significant deterioration requirements. 

SCOPE/NATURE/SUMMARY : 

A rule modeled after the malfunction rule could be adopted to provide procedures for a facility to follow to 
demonstrate that an exceedance of a permit condition was necessary to protect the health and safety of the general 
public. Certain criteria would have to be met in order to qualify for an excused exceedance. Among the criteria 
being considered are that no violation of emission standards has occurred or will occur, that the source or facility 
must exceed a limitation in its permit in order to protect the health and safety of the general public, and that the 
emergency is not the result of any malfunction or equipment breakdown at the facility, i.e. the problem is not at 
the facility but elsewhere. As a minimum, an initial report would be required to be submitted to DEM within a 
certain amount of time (say 24 hours) of the facility becoming aware that a permit condition has been or will likely 
be exceeded and a follow up report within a certain amount of time (say 7 days) when the emergency event is over 
and the facility is operating normally that would detail what occurred and identify the permit conditions exceeded 
and the amount of the exceedances. 

APA #: El 579 

SUBJECT: MUNICIPAL SOLID WASTE LANDFILLS 

RULE CITATION #: 15A NCAC 15A NCAC 13B .0103, .0101, and .0503 

STATUTORY AUTHORITY: G.S. 130A-294 

DIVISION/SECTION: SOLID WASTE MANAGEMENT 

DIVISION CONTACT: JOAN TROY/DEXTER MATTHEWS 

DIVISION CONTACT TEL#: (919)733-0692 

DATE INITIATED: 4/3/95 

DURATION OF RULE: Permanent 10/1/95 

TYPE OF RULE:Amendments(4) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The purpose of the rule amendments is to establish economic incentive for owners and operators of uniined landfills 
to provide an environmentally sound cap system for uniined landfills at closure; to encourage owner and operator's 
compliance with closure requirements by providing more than one method by which closure may be accomplished; 
to ensure compliance with state requirements regulating the discharge of dredged or fill material into waters of the 
state, including wetlands, and to ensure compliance of industrial solid waste landfills with state groundwater 
requirements. 

SCOPE/NATURE/SUMMARY : 

The proposed amendment to Rule .1627 adds language to an existing rule that requires existing municipal solid 
waste landfills that are not designed ad constructed with a base liner system permitted by the Division to cease 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2363 



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receiving waste on or before January 1, 1998. The added language provides flexibility to the rule by providing a 
performance option for owners and operators of the described facilities. The performance option requires a closure 
plan (to be approved by the Division) and extends the deadline by which the above mentioned landfills must stop 
receiving waste. 

The proposed amendment to Rule .0503 clarifies discharge standards for pollutants into the waters of the state, 
establishes standards for an alternative liner design, and provides for compliance by industrial solid waste landfills 
with groundwater standards established under 15 A NCAC 2L. 

The proposed amendment to Rule .0101 establishes a definition for industrial solid waste landfills. 

The proposed amendment to Rule .0103 incorporates the changes of Rules .1627 and .0503 by adding the phrase 
"as required in Sections .0500 and .1600 of this Subchapter" to a sentence that describes general requirements for 
certain sanitary landfills after January 1, 1998. 

APA #: El 594 

SUBJECT: CRC rule amendments to more clearly state the type of structures that can be permitted 

RULE CITATION #: 15A NCAC 7H .0309 & .0310 

STATUTORY AUTHORITY: G.S. 113A-107(a); 1 13A-107(b); 1 13A-1 13(b)(6)a; 1 13A-113(b)(6)b; 

113A-113(b)(6)d; 113A-124; 113A-107; 113A-1 13(b) 
DIVISION/SECTION: COASTAL MANAGEMENT 
DIVISION CONTACT: Preston Pate 
DIVISION CONTACT TEL#: (919)726-7021 
DATE INITIATED: 4/26/95 
DURATION OF RULE: Permanent 2/1/96 
TYPE OF RULE:Amendments(2) 
STAGE OF DEVELOPMENT: Draft Rule Stage 
GOV LEVELS AFFECTED: None 
REASON FOR ACTION : 

Clarification necessary after a declaratory ruling by the Coastal Resources Commission for a specific development 

proposal affected by the subject rules. 
SCOPE/NATURE/SUMMARY : 

Rule amendment will clarify the intent of the CRC to allow certain types of water dependent structures to be built 

seaward of the first line of stable, natural vegetation along the ocean and inlets. Also, the limitation to the size of 

structures that can be built in the inlet areas will be limited to buildings. Construction of bridges across inlets will 

be limited to state owned bridges. 

APA #: E1595 

SUBJECT: CRC definition of "threatened structure" 

RULE CITATION U: 15A NCAC 7H .0308, .1705; 7K .0103 

STATUTORY AUTHORITY: G.S. 113A-107(a); 113A-107(b); 1 13A-1 13(b)(6)a.,b.,d.: 113A-124& 

G.S. 113-229(cl); 113A-107(a),(b); 113A-1 13(b): 113A-118.1 & G.S. 113A-105(5)(b)(5); 113A-1 18(a) 
DIVISION/SECTION: COASTAL MANAGEMENT 
DIVISION CONTACT: Preston Pate 
DIVISION CONTACT TEL#: (919)726-7021 
DATE INITIATED: 4/26/95 
DURATION OF RULE: Permanent 12/1/95 
TYPE OF RULE: AMENDMENTS(3) 
STAGE OF DEVELOPMENT: Draft Rule Stage 
GOV LEVELS AFFECTED: None 
REASON FOR ACTION : 

Response to Rules Review Commission objection. The Commission requested a definition of "threatened structure". 
SCOPE/NATURE/SUMMARY : 

Proposed amendment will clarify the circumstances under which a structure on the ocean front will be considered 

as being threatened by erosion. 

APA #: E1618 



2364 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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RULE-MAKING AGENDA 



SUBJECT: Acid Rain Permitting Procedures 

RULE CITATION #: 15A NCAC 2Q .04O1-.0418 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(8); 143-215.108; 143-215.65; 

143-215.66 
DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 
DIVISION CONTACT: Thorn Allen 
DIVISION CONTACT TEL#: (919)733-7015 
DATE INITIATED: 5/3/95 
DURATION OF RULE: Permanent 
TYPE OF RULE: AMENDMENTS(l) 
STAGE OF DEVELOPMENT: Draft Rule Stage 
GOV LEVELS AFFECTED: None 
REASON FOR ACTION : 

EPA has reviewed and identified a number of deficiencies in North Carolina's acid rain permitting rules. 
SCOPE/NATURE/SUMMARY : 

The Environmental Management Commission adopted, effective March 8, 1994, rules to implement the federal acid 

rain permitting requirements. These rules are contained in Section 15A NCAC 2Q .0400, Acid Rain Procedures. 

These rules are written such that before they may be implemented, EPA must approve them. 

In its review of these rules, EPA has identified a number of deficiencies. Before EPA will approve these rules, 
the deficiencies need to be corrected. The correction of these deficiencies would require additional cross-references 
and cross-reference changes and corrections, additional definitions, a number of minor word changes, incorporation 
of clarifications, and deletion of some language. These corrections are minor in nature, but they are numerous. 

Instead of amending these rules, the preferred action would be to repeal them and adopt a rule that would 
incorporate by reference the federal permitting requirements. Thus, this Section would be reduced to an 
applicability rule and a rule incorporating by reference the federal permitting requirements. 

These rules currently only apply to the two utility companies. They are in agreement with this change. 

APA #: El 664 

SUBJECT: Nitrogen Dioxide Emission Standards 

RULE CITATION #: 15A NCAC 2D .0519 

STATUTORY AUTHORITY: G.S. 143-215.3(a)(l); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 6/13/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: Amendment (1) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To remove the nitrogen dioxide emission standard for boilers. 

SCOPE/NATURE/SUMMARY : 

15A NCAC 2D .0519, Control of Nitrogen Dioxide and Nitrogen Oxides Emissions, limits both nitrogen dioxide 
(N02) and nitrogen oxides (NOx) from boilers. Most standard stack testing procedures measure total nitrogen 
oxides (NOx). Nearly all the emissions of nitrogen oxides from a boiler is in the form of nitrogen oxide. Very 
little of the emissions is in the form of nitrogen dioxide. Thus, there is no real need to retain the nitrogen dioxide 
standard. 

APA #: El 665 

SUBJECT: Permits for facilities at multiple temporary sites 

RULE CITATION #: 15A NCAC 2Q .0311 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215.108 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thomas Allen 



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DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 6/13/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: Amendment 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To remove the requirement for a facility or source to change location at least once during the permit term in order 
to be permitted as a facility or source at multiple temporary sites. 

SCOPE/NATURE/SUMMARY : 

15A NCAC 2Q .0311, Permitting of Facilities at Multiple Temporary Sites, provides requirements for permitting 
a facility or source, such as an asphalt batch plant or rock crusher, at multiple temporary sites. The advantage of 
being permitted under this Rule is that only one permit is needed for several different locations. In order to qualify 
to be covered under this Rule, the facility or source would have to move at least once during the term of the permit. 
The term of the permit is usually five years. The owner or operator may anticipate moving the source or facility 
during the term of the permit, but because of a change in market conditions or other reasons it is not moved. By 
not moving he is technically in violation of his permit. The permit for a facility or source covered under this rule 
is essentially the same as a permit for a similar permanent facility or source except that the permit would allow the 
source to be moved to another location. 

This Rule should be amended to remove the requirement to move at least once during the term of the permit. 

APA #: E1666 

SUBJECT: VOC RACT for Petroleum Refineries 

RULE CITATION #: 15A NCAC 2D .0929 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 6/16/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: Repeal (1) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To repeal 15 A NCAC 2D .0929, Petroleum Refinery Sources, because it is an unnecessary rule. 

SCOPE/NATURE/SUMMARY : 

15A NCAC 2D .0929, Petroleum Refinery Sources, should be repealed because it is an unnecessary rule. This Rule 
contains the reasonably available control technology ("RACT) requirements for various types of sources at petroleum 
refineries. This Rule was adopted in 1979 as part of the RACT rules for sources of volatile organic compounds 
in ozone nonattainment areas. There are no sources subject to the requirements of this Rule. Furthermore, there 
are no petroleum refineries currently in any of the ozone maintenance areas or even in the rest of North Carolina 
that could become subject to this Rule. A new refinery would have to comply with new source performance 
standards and, most likely, the prevention of significant deterioration requirement. 

APA #: E1667 

SUBJECT: Generic Alternative Control Procedures 

RULE CITATION #: New Rule-15A NCAC 2 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 6/13/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 



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REASON FOR ACTION : 

To establish procedures for alternative control demonstrations for rules that specify the control technology 

to use. 

SCOPE/NATURE/SUMMARY : 

Several rules describe the control technology to be used instead of specifying the design parameters, such as 
emission rates, concentration, or control efficiency, to be met. Examples of such rules include the storage tank rule 
that requires double seals, the petroleum terminal rule that requires welded or gasketed deck seams, the bulk plant 
rule that requires a vapor balance system and the solvent cleaning rule that specifies design criteria for clean 
operations. These rules would preclude the use of new or different technology that is as effective or more effective 
than the controls required by these rules. 

To overcome this problem a rule needs to be developed to allow a person to demonstrate that an alternative control 
approach is equivalent to that required by the rule in question. The rule would require the applicant for an 
alternative control to submit a plan describing the alternative control and describing how he would demonstrate that 
the alternative control is equivalent. This plan would have to be approved before the demonstration would be 
acceptable. The rule would specify the components of the plan for the alternative control demonstration. 

APA #: E1690 

SUBJECT: Exempt Wake and Durham counties from oxygenated fuel requirement 

RULE CITATION #: 15A NCAC 2D .1302, .1304, .1301 

STATUTORY AUTHORITY: G.S. 143-215.3(a)(l); 143-215. 107(a)(3), (7) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Linda Roderick/Thomas Allen 

DIVISION CONTACT TEL#: (919)733-3340/733-1489 

DATE INITIATED: 7/7/95 

DURATION OF RULE: Temporary 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The North Carolina Petroleum Council has requested that we consider amending 15A NCAC 2D .132, Applicability, 
to remove the oxygenated gasoline requirement in the Raleigh/Durham Metropolitan Statistical Area. This request 
was based on a study which found that oxygenated fuel did not significantly change the CO levels during previous 
oxygenated seasons. In the mean time, Air Quality utilizing it's most recent estimate of VMT growth has 
reprojected emissions and concluded that future emissions can stay below the CO baselevel without the need of 
oxygenated gasoline in the Raleigh/Durham Metropolitan Statistical Area. Oxygenated gasoline should be a 
requirement in the Raleigh/Durham Metropolitan Statistical Area only as a contingency measure. 

SCOPE/NATURE/SUMMARY : 

15A NCAC 2D .1302, Applicability, should be amended to remove the requirement of oxygenated gasoline in the 
Raleigh/Durham Metropolitan Statistical Area. 

APA #: E1691 

SUBJECT: Proposed future water supply reclassification for Town Fork Creek (Forsyth & Stokes) 

RULE CITATION #: 15A NCAC 2B .0313 Roanoke River Basin 

STATUTORY AUTHORITY: G.S.143-214.1; 143-215.1; 143-215. 3(a)(1) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/WATER QUALITY 

DIVISION CONTACT: Steve Zoufaly 

DIVISION CONTACT TEL#: (919)733-5083, ext 566 

DATE INITIATED: 7/7/95 

DURATION OF RULE: Permanent 2/1/96 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

SCOPE/NATURE/SUMMARY : 

The Stokes County Soil and Water District (District) and with the Stokes County Board of Commissioners 
(County) requested the reclassification of Town Fork Creek for water supply use. The initial request was to 
reclassify the watershed from its current C classification to WS-HI. However, the request was withdrawn just prior 



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to going to public hearing on August 16, 1994. The District and County indicated interest in the proposed Future 
Water Supply (FWS) supplemental classification. This supplemental classification has recently been approved by 
the Environmental Management Commission (EMC) and became effective on August I, 1995. The proposed rule 
making is to reclassify the Town Fork Creek watershed from Class C to WS-HI FWS. 

APA ft: E1692 

SUBJECT: Classifications and Groundwater Quality Standards (18 chemicals) 

RULE CITATION #: 15A NCAC 2L .0202 

STATUTORY AUTHORITY: G.S. 143-214.1; 143B-282(a(2) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/GROUNDWATER 

DIVISION CONTACT: David Hance/Linda Roderick 

DIVISION CONTACT TEL#: (919)715-6189/733-7015 

DATE INITIATED: 7/11/95 

DURATION OF RULE: Permanent 7/1/96 

TYPE OF RULE: ADOPTIONS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The amendment to 15A NCAC 2L .0202, Groundwater Quality Standards, will establish groundwater standards for 
Acenaphthene, Acenaphthylene, Anthracene, Atrazine, Benzo(a)anthracene, Benzo(g,h,i)perylene, 
BromodichJoromethane, Carbon Disulfide, Caprolactam, ChJoroethane, Chrysene, 1, 3-Dichloropropene(cis and 
trans), Diphenyl (1,1-Diphenyl), Fluoranthene, Isopropyl Ether (Diisopropyl Ether), Methyl Alcohol, Pyrene, and 
Simazine. Action to consider adoption of concentration levels for seventeen of these eighteen substances as 
groundwater standards is necessary to satisfy requirements of 15A NCAC 2L .0202(c). All proposed Groundwater 
Quality Standards are the same as those concentrations that are presently in effect as Interim Maximum Allowable 
Concentrations, with the exception of Isopropyl Ether (Diisopropyl Ether). Due to the lack of chronic and 
subchronic toxicity data the Division of Epidemiology did not recommend a proposed Groundwater Quality Standard 
for this substance. The Division of Epidemiology has, however, recommended a level to the Division of 
Environmental Health that it believes is sufficient to protect consumers of public and private drinking water 
supplies. That concentration is the systemic threshold dose of 0.07 milligrams per liter and satisfies the 
requirements of 15A NCAC 2L .0202(d)(1). Therefore, a Groundwater Quality Standard is being proposed for 
Isopropyl Ether (Diisopropyl Ether) in this rulemaking. A Groundwater Quality Standard is being proposed for 
Isopropyl Ether (diisopropyl Ether) in this rulemaking. 

SCOPE/NATURE/SUMMARY : 

Specifies the maximum allowable concentration of substances in Class GA, GSA and GC groundwaters and 
procedures to establish standards for substances. 

APA #: El 703 

SUBJECT: Use Restoration Waters (URW) Supplemental WQ Classification 

RULE CITATION #: 15A NCAC 2B .0202 and 2B .0229 

STATUTORY AUTHORITY: G.S. 143-214.7 and 143-214.1 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/WATER QUALITY 

DIVISION CONTACT: Beth McGee 

DIVISION CONTACT TEL#: (919)733-5083, ext 575 

DATE INITIATED: 7/25/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: Adoptions(l) Amendments(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

SCOPE/NATURE/SUMMARY : 

A new supplemental classification entitled Use Restoration Waters (URW) is being proposed. The purpose of this 
supplemental classification is to be applied to those water bodies that are rated by the Division as not supporting 
their designated use to the extent that the use has been lost or removed in such a manner that it is more than a 
temporary condition. For example, a water body may be classified for shellfishing use but long term water quality 
data indicates that fecal conform is a persistent problem and shellfish are no longer harvestable. The intent of the 
URW would be to first determine the persistence of the problem and then develop a site specific management 
program with the affected and interested stakeholders to address the water quality problem. If adopted, this 



2368 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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supplemental classification would allow the development of enforceable and voluntary watershed management 
strategies to control point and nonpoint sources. 

There is substantial interest in this approach to water quality management. Since May 1995, Water Quality Section 
staff have been meeting with interested parties, including DEHNR agencies, other state and federal agencies, local 
government, environmental groups and industry groups, to receive informal comment on the URW concept. To 
date the concept has been received quite well with several suggestions for improvement. Following the presentations 
of the concept, it is staffs intent to bring a proposed rule to the Water Quality Committee, for information in 
October 1995, that would (1) define the supplemental classification, (2) establish a rule that would describe the 
criteria for URW designation, and (3) note that water bodies that are eventually classified supplementally as URW 
through future separate rule making procedures and the site specific management strategy for that water body. 
Following approval by the Environmental Management Commission to proceed to rulemaking with a proposed URW 
rule, staff would conduct public hearings to receive comment of the proposed rule. It is expected that these hearings 
would be held in April 1995, with a proposed effective date of February 1997. 

APA #: El 704 

SUBJECT: Exemption of certain on-site waste management and disposal from certain G. S. 104E paragraphs 

RULE CITATION #: 15A NCAC 11 .0349 

STATUTORY AUTHORITY: G.S. 104E-7(a)(10) 

DIVISION/SECTION: RADIATION PROTECTION 

DIVISION CONTACT: Dayne H. Brown 

DIVISION CONTACT TEL#: (919)571-4141 

DATE INITIATED: 7/26/95 

DURATION OF RULE: Temporary 11/22/95 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

This action is intended to grant appropriate additional exemptions from certain provisions of G. S. 104E to allow 
continued agency approval of alternate on-site management and disposal practices for waste with very low 
concentrations of radioactive contamination at waste generator facilities. 

When this Rule was originally adopted effective June 1, 1989, the Radiation Protection Commission incorrectly 
thought that Rule 15A NCAC 1 1 .0349, in conjunction with other rules addressing agency approval for alternate 
disposal methods, granted adequate relief from certain statutory requirements imposed in the 1987 amendments to 
G. S. 104E. Such exemptions are authorized by G. S. 104E-7(a)(10). 

SCOPE/NATURE/SUMMARY : 

This Rule currently grants exemptions from G. S. 104E-6.1 and -10.1 to any agency licensee and certain NRC 
licensees, and establishes certain criteria, for agency approval of on-site waste management and disposal practices 
for waste with very low concentrations of radioactive contamination. The proposed amendment may include 
additional exempts from provisions of G. S. 104E-10.2, -20(b), -25 and -26. 

APA #: E1712 

SUBJECT: Amendment of Universal Waste Rules 

RULE CITATION #: 15A NCAC 13A .0006 and .0019 

STATUTORY AUTHORITY: G.S. 130A-294(c); 150B-21.6 

DIVISION/SECTION: SOLID WASTE/HAZARDOUS WASTE 

DIVISION CONTACT: Emil Breckling 

DIVISION CONTACT TEL#: (919)733-2178 

DATE INITIATED: 8/1/95 

DURATION OF RULE: Permanent 1/1/96 

TYPE OF RULE: AMENDMENTS(2) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The proposed amendments to the rules streamline hazardous waste management regulations governing the collection 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2369 



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and management of certain widely generated wastes, known as "universal wastes. " This universal waste rule covers 
hazardous waste batteries (e.g. nickel cadmium), certain hazardous waste pesticides, and mercury-containing 
thermostats. By reducing regulatory requirements, this rule will encourage state and local governments and 
manufacturers to establish environmentally sound collecting programs, and retailers to participate in them. Although 
households and small businesses produce much of these wastes, retailers were previously reluctant to accept them 
because of concerns that some of the wastes might be from regulated hazardous waste generators. 
SCOPE/NATURE/SUMMARY : 

Under the streamlined system, retailers and others who generate or handle these wastes would not have to comply 
with burdensome paperwork requirements and certain technical standards. Despite this regulatory reduction, 

however, this rule is actually expected to increase environmental protection by increasing the availability of 
collection and recycling programs that will subsequently ensure that these wastes go to hazardous waste recycling 
and disposal facilities. 

The State must either incorporate these rules by reference or write and adopt equivalent rules in order to continue 
to receive program authorization from EPA. 

APA #: E1717 

SUBJECT: ETO Sterilization 

RULE CITATION #: 15A NCAC 2D .0538 

STATUTORY AUTHORITY: 143-215. 3(a)(1); 143-215. 107(a)(4)(5); 143-215. 108(c) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/1 1/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To modify the ETO sterilizer rule to incorporate new MACT requirements and substitute it for federal MACT rule. 
SCOPE/NATURE/SUMMARY : 

On December 6, 1994, EPA promulgated its maximum achievable control technology (MACT) and generally 

available control technology (GACT) standards for ethylene oxide commercial sterilization and fumigation 

operations. 

In 1992, the Environmental Management Commission adopted 15A NCAC 2D .0538, Control of Ethylene Oxide 
Emissions, which controls the emissions of ethylene oxide (ETO) resulting from the sterilization of medical devices 
in production, packaging, and subsequent storage. The control requirements in the North Carolina rule are 

similar to those in EPA's MACT except that the control requirements in the North Carolina rule for sterilization 
chamber vents are more restrictive. Compliance with the North Carolina rule exempts these sources at new facilities 
from the State air toxic rules. (Compliance with this rule was an agreement with a medical device manufacturer 
that was seeking to avoid the State air toxic rules). 

To make this rule compatible with EPA's MACT for these operations, several amendments are needed. 15A NCAC 
2D .0538 applies only to processes at facilities for which construction began after August 31, 1992. The rule would 
be amended to notify owners or operators of older facilities that they need to comply with EPA's MACT. The 
MACT requirements for performance testing, monitoring, record keeping, and reporting would be incorporated by 
reference into the State rule. The more restrictive requirements currently in 15A NCAC 2D ,0538 would be 
retained. 

Once amended the State rule could be submitted to EPA as a substitute MACT for the production , packaging, and 
subsequent storage of medical devices. All other sources that use ETO in sterilization or fumigation would continue 
to be covered under EPA's MACT. (In another rulemaking action we will be adopting EPA's MACT rules by 
reference. Source using ETO for sterilization or fumigation that are not subject to 15A NCAC 2D .0538, would 
be subject to the MACT requirements that are incorporated into that rule). 

APA #: E1718 



2370 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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SUBJECT: Municipal Waste Combusters 

RULE CITATION #: 15A NCAC 2D .1201-. 1209 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To incorporate federal requirements for municipal waste combusters into State incinerator rules. 

SCOPE/NATURE/SUMMARY : 

On September 30, 1994, EPA proposed standards for new and existing municipal waste combusters larger than 38.5 
tons per day. When the new source performance standard for new incinerators is promulgated, it will be 
incorporated by reference into 15A NCAC 2D .0524, New Source Performance Standard. 

Several rules in Section 15A NCAC 2D .1200, Control of Emissions from Incinerators, would need to be amended 
to incorporate the requirements for existing incinerators. 15A NCAC 2D .1205, Emission Standards, would be 
amended to add or revise emission standards for these types of incinerators. The emission standards would be 
lowered for particulates and sulfur dioxide and probably mercury (because the emission rate for mercury is 
expressed in terms of concentration, ppm, in EPA's rule and in terms of mass rate, pounds per hour, in the current 
State rule, it is difficult to know for certain at this time whether or not the mercury emission standard for all these 
incinerators will be lower). The hydrogen chloride standards would be raised. Emission standards would be added 
for dioxins and furans, lead, and cadmium. 15A NCAC 2D .1206, Operational Standards, would be amended to 
add or revise operational requirements. The flue gas temperature would be determined for each incinerator by a 
stack test showing compliance with the dioxin and furan standard instead of a fixed number as contained in the 
current State rule. A load level requirement would be added; this requirement would be determined for each 
incinerator and based on the dioxin and furan stack test. 15A NCAC 2D . 1203, Test Methods and Procedures, and 
.1204, Reporting and RECORD KEEPING, would be amended to add new testing, RECORD KEEPING and 
reporting requirements. 15A NCAC 2D .1209, Compliance Schedule, would be amended to add a schedule by 
which incinerators are to comply with the new requirements. 15A NCAC 2D .1201, Purpose and Scope, and .1202, 
Definitions, may also need to be amended. A new rule would be written to require operator training and to address 
fugitive emissions. 

APA ft: E1719 

SUBJECT: Crush Stone Operations 

RULE CITATION ft: 15 A NCAC 2D .0510 

STATUTORY AUTHORITY: 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To specify control requirements for particulate emissions from transfer points and screens at sand, gravel, or 
crushed stone operations. 

SCOPE/NATURE/SUMMARY : 

The particulate control requirements for sand, gravel, and crushed stone operations are contained in 15A NCAC 
2D .0510, Particulates: Sand: Gravel: Crushed Stone Operations. This rule currently requires water spray over the 
crusher. It vaguely requires control of particulate emissions from other sources in the process. It requires taking 
measures to reduce to a minimum particulate matter from becoming airborne. The rule does not describe or provide 
any guidance as to what these measures are to be other than state that the measures shall prevent the ambient air 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2371 



RULE-MAKING AGENDA 



quality standards from being exceeded. 

More definitions need to be added as to what control levels may be suitable. One option would be to require spray 
bars over screens and transfer points. Another option would be to limit opacity at screens and transfer points, for 

example, to 10 percent. 

APA #: El 720 

SUBJECT: Excess Emissions Reporting and Malfunction 

RULE CITATION #: 15A NCAC 2D .0535 

STATUTORY AUTHORITY: 143-215. 3(a)(1); 143-215. 107(a)(4); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To add to the definition of "excess emissions" in 15A NCAC 2D .0535 a reference to Section 15A NCAC 2D 
.1400. 

SCOPE/NATURE/SUMMARY : 

The definition of "excess emissions" in 15A NCAC 2D .0535, Excess Emissions Reporting and Mattirticn, 

needs to be revised to reference Section 15A NCAC 2D .1400, Nitrogen Oxides. This definition defines excess 
emissions as being an emission rate that exceeds any applicable emission limitation or standard allowed by any rule 
in the various sections that contain emissions standards. Section 15A NCAC 2D .1400 needs to be added to the 
list of sections containing emissions standards. 

APA #: E1721 

SUBJECT: Confidentiality 

RULE CITATION #: 15A NCAC 2Q .0107 

STATUTORY AUTHORITY: G. S. 143-215. 3C 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To correct statutory reference in confidentiality rule. 

SCOPE/NATURE/SUMMARY : 

15A NCAC 2Q .0107, Confidential Information, describes the procedures to follow when requesting Information 
be treated as confidential. The statute that pertained to confidentiality when this Rule was adopted was G. S. 
143-215. 3(a)(2). Since the Rule was adopted, the confidentiality language in this section of the General Statutes 
has been deleted. Confidentiality requirements are now contained in G. S. 143-215. 3C. This Rule needs to be 
amended to change the old statutory reference to the new statute. 

APA #: El 722 

SUBJECT: Particulate Emission Standards 

RULE CITATION #: 15A NCAC 2D .0506-.0511, .0513-.0515 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/11/95 



2372 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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« 



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DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To clarify and update the language in the old particulate emission process standards rules. 

SCOPE/NATURE/SUMMARY : 

The old particulate standards for industrial processes are contained in Rules 15A NCAC 2D .0506, Control of 
Particulates from Hot Mix Asphalt Plants, .0507, Particulates from Chemical Fertilizer Manufacturing Plants, .0508, 
Control of Particulates from Pulp and Paper Mills, .0509, Particulates from Mica or Feldspar Processing Plants, 
.0510, Particulates: Sand, Gravel, Crushed Stone Operations, .0511, Particulates from Lightweight Aggregate 
Processes, .0513, Control of Particulates from Ferrous Jobbing Foundries, and .0515, Particulates from 
Miscellaneous Industrial Process. These Rules need to be reviewed and revised as necessary to bring them into line 
with the Rules Review Commission's current policies on wording of rules. Some of these rules are poorly worded 
and are vague or misleading. For example, 15 A NCAC 2D .051 1 restricts the emissions of particulates from kilns 
and dryers, but it does not inform the reader that the restriction applies only to kilns and dryers at lightweight 
aggregate plants. If these rules were reviewed by the Rules Review Commission today, most likely it would object 
to several of them. The revision is not intended to change any of the control requirements, but merely to clarify 
the rule. 

APA #: El 723 

SUBJECT: Grain Elevator Permitting 

RULE CITATION #: 15A NCAC 2Q .0102, .0805 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215.108 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 8/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To revise the exclusionary rule for grain elevators and to add a permit exemption for small grain elevators. 

SCOPE/NATURE/SUMMARY : 

The current exclusionary rule, 15A NCAC 2Q .0805, Grain Elevators, defines grain elevators that receive or ship 
less than 21,000 tons of grain per year as small for permitting purposes (that is any grain elevator that ships or 
receives grain below the quantity set in this Rule is automatically exempted from the Title V permitting procedures). 
This threshold would be revised upwards based on reevaluation of emission factors. The current threshold was 
determined based on grain elevators using tunnel belts to remove grain from bins and that utilize headhouses and 
elevator legs to cyclonic control devices. Thus, the threshold has been recalculated based on these two types of 
processes no longer existing. The revised exclusionary rule would be written to exclude any grain elevator that uses 
either of these two types of processes from the rule. (Any grain elevator using tunnel belts or headhouses and 
elevator legs vented to cyclonic control devices would have to obtain a permit limiting their potential emissions 
below the Title V thresholds, i.e. become a synthetic minor, or obtain a permit following the Title V permitting 
procedures.) The revision would define most grain elevators In the State as small facilities, and they would be 
permitted following the non-Title V permitting procedures. 

A permit exemption is being considered for grain elevators. 15A NCAC 2Q .0102, Activities Exempted from 
Permit Requirements, would be amended to add this exemption. Any grain elevators that processed less than the 
amount specified would be exempted from needing a permit. 

APA #: El 724 

SUBJECT: Corporate Financial Assurance 

RULE CITATION #: 15A NCAC 13B .1628 

STATUTORY AUTHORITY: 

DIVISION/SECTION: SOLID WASTE MANAGEMENT 



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DIVISION CONTACT: Joan Troy 

DIVISION CONTACT TEL#: (919)733-0692 

DATE INITIATED: 8/11/95 

DURATION OF RULE: Temporary 1/1/96 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Withdrawn 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The reason for adopting the corporate financial test is to provide owners and operators of privately owned landfills 
with an alternate mechanism for financial assurance that is less cost prohibitive than the existing third-party 
instruments. Only corporations who can demonstrate sufficient financial strength will not be required to obtain a 
third-party financial assurance instrument. 

SCOPE/NATURE/SUMMARY : 

The current Rule .1628 Financial Assurance provides six allowable mechanisms to demonstrate that financial 
obligations for closure, post-closure care and corrective action for known releases will be available whenever they 
are needed. Five of these mechanisms are third-party instruments allowable for privately owned or publicly owned 
landfills, while the sixth is a financial test for local government use only. The U. S. Environmental Protection 
Agency has proposed a corporate financial test to allow owners and operators to demonstrate that they can satisfy 
the goals of financial assurance on their own, and that they do not need to produce a third-party instrument. 

APA #: E1735 

SUBJECT: Reuse of Reclaimed Wastewater 

RULE CITATION #: 15A NCAC 2H .0219 

STATUTORY AUTHORITY: G.S. 143-215.1, 143-215. 3(a)(1) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/WATER QUALITY 

DIVISION CONTACT: Don Safrit 

DIVISION CONTACT TEL#: (919)733-5083, ext 519 

DATE INITIATED: 8/28/95 

DURATION OF RULE: Permanent 5/1/96 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The existing rules that address reuse of reclaimed wastewater are considered to be inadequate due to several factors. 

The significant concerns expressed by the regulated community include: 

* Current regulations do not adequately address the broad spectrum of reuse opportunities and therefore, limit or 
prohibit many reuse projects from being pursued; and 

* Existing design criteria, such as treatment buffer requirements, do not facilitate or encourage wastewater reuse. 

The Water Quality Section has been actively discussing rule revisions to specifically address reuse During these 
discussions, staff has had numerous opportunities to discuss reuse with the regulated community, interested 
individuals in the university/research area, interested individuals throughout both the health and environmental 
aspects of the Department of Environment, Health and Natural Resources, the Water Quality Committee of the 
Environmental Management Commission and the Water Issues Legislative Research Committee of the General 
Assembly. 
SCOPE/NATURE/SUMMARY : 

After taking many of the comments and concerns of the above mentioned parties, the Water Quality Section plans 
to initiate steps to develop draft rule modifications to address the spectrum of reuse opportunities that appear to be 
practical in the State of North Carolina. These rule modifications specifically address the following: 

Treatment and operational considerations for facilities producing reclaimed wastewater for reuse. 

* Clarification of language to allow the use of reclaimed wastewater in combination with other disposal systems, 
such as surface water discharges (NPDES permits). 

" Identification requirements and design considerations for reclaimed wastewater distribution systems. 



2374 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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' 



i 



* Specific requirements for reuse of reclaimed wastewater for the following activities: 

- Areas intended to be accessible to the public such as residential lawns, golf courses, cemeteries, parks, school 
grounds, industrial or commercial site grounds, landscape areas, highway medians, roadways and other similar 
areas. 

- Reclaimed wastewater for industrial purposes such as process water or cooling water, aesthetic purposes such as 
decorative ponds or fountains, fire protection, dust control, street cleaning and other similar reuse options. 

- Reclaimed wastewater for urinal and toilet flushing or fire protection in sprinkler systems located in commercial 
or industrial facilities or buildings, apartment buildings, condominiums, hotels, motels or other similar structures 
provided that unauthorized personnel do not have access to the plumbing system for repairs or modifications. 

* Specific language indicating that staff is concerned or cautious at this point in time to develop rules specifically 
for the use of reclaimed wastewater for either irrigation of food crops for direct human consumption, use 
of reclaimed wastewater for swimming pools, hottubs or similar uses or as a direct raw water supply for potable 

water systems. 

The Water Quality Section is of the opinion that there is broad based support to move forward with the formal 
development and adoption of rules that serve to encourage the reuse of reclaimed wastewater. 

APA #: El 738 

SUBJECT: Proposed Reclassification of former water supply watershed. (Austin Creek) 

RULE CITATION #: 15A NCAC 2B .0315 

STATUTORY AUTHORITY: G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/WATER QUALITY 

DIVISION CONTACT: Steve Zoufaly 

DIVISION CONTACT TEL#: (919)733-5083 

DATE INITIATED: 8/31/95 

DURATION OF RULE: Permanent 4/1/96 

TYPE OF RULE: Amendment 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The Town of Wake Forest has requested that the Austin Creek watershed be reclassified from its current WS-HI 
classification. The Town notes that the watershed has not been used as a water supply source and that current 
studies indicate that it is not of sufficient size to be a feasible drinking water supply source. The watershed is 2,615 
acres in size. Three local governments have land use jurisdiction within the watershed. They are: Franklin and 
Wake Counties and the Town of Wake Forest. The Town currently uses Smith Creek Reservoir and uses water 
from the City of Raleigh as needed. The water supply plan for the Town of Wake Forest also notes that potential 
future sources would be either of the following: increase flows from the City of Raleigh; the Neuse River; and 
expansion of the Wake Forest Reservoir or water from the Franklin Water and Sewer Authority. 

The Division has conducted a Use Attainability Study to assess whether the watershed qualified for classification 
to either Outstanding Resource waters or High Quality Waters. The waters did not meet either qualification, thus 
staff recommend a Class C. The effect of reclassifying the watershed from WS-HI and Class C would mean that 
the local governments having land use jurisdiction within the watershed would no longer be responsible for 
implementing drinking water supply protection ordinances for the Austin Creek watershed. 
SCOPE/NATURE/SUMMARY : 

The Austin Creek watershed is approximately 2,615 acres in size and is located in Franklin and Wake Counties 
(Neuse River Basin). The watershed is currently classified as WS-III which designates the watershed as a drinking 
water supply source. The Town of Wake Forest has requested that the Austin Creek watershed be reclassified from 
its current WS-III classification. The Town notes that the watershed has not been used as a water supply source 
and that current studies indicate that it is not of sufficient size to be a feasible drinking water supply source. Three 
local governments have land use authority within the watershed. They are the Town of Wake Forest, and Franklin 
and Wake Counties. The Town currently uses Smith Creek Reservoir and water from the City of Raleigh, as 
needed. The water supply plan for the Town of Wake Forest also notes that potential future sources would be one 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2375 



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of the following: increase flows from the City of Raleigh, the Neuse River, an expansion of the Wake Forest 
Reservoir or water from the Franklin Water and Sewer Authority. 

The proposed reclassification to Class C would remove the current drinking water supply WS-m classification and 
the requirements for the Town of Wake Forest and Franklin and Wake Counties to continue implementing dr inkin g 
water supply ordinances for the Austin Creek watershed. In addition, the Division of Environmental Management 
would no longer prohibit new domestic wastewater dischargers within the area previously defined as the Critical 
Area and new industrial discharges in the Balance of the Watershed. 

APA #: E1741 

SUBJECT: Proposed reclassification of French Broad River (lower-Class C, upper Class WS-IV) and Mills 
River as Class WS-IH or WS-II 

RULE CITATION #: 15A NCAC 2B .0304 (French Broad River Basin) 

STATUTORY AUTHORITY: G.S. 143-214.1 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/WATER QUALITY 

DIVISION CONTACT: Steve Zoufaly 

DIVISION CONTACT TEL#: (919)733-5083, ext 566 

DATE INITIATED: 9/6/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: Amendment 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: Local 

REASON FOR ACTION : 

The Asheville-Buncombe Water Authority (Authority) and Henderson County (County) have requested the Mills 
River and French Broad River near Hendersonville (subsequently referred to as the "upper French Broad River") 
be reclassified for water supply purposes. The Authority and County have also requested the reclassification of the 
French Broad River near Asheville (subsequently referred to as the "lower French Broad River") be reclassified 
as a non-water supply source. 

The Authority and County have reached an agreement to establish a regional approach to providing potable water 
to the City of Asheville and sections of Buncombe and Henderson Counties. Two water supply intakes are 
proposed. The initial raw water supply intake is planned for the Mills River located just upstream of its confluence 
with the French Broad River. The Mills River meets the requirements for a WS-III water supply classification due 
to three existing wastewater discharges in the watershed. The Mills River is proposed for a WSTU classification; 
however, the Authority and County have requested a WS-II water supply classification. Public comment will be 
solicited on two options: WS-II and WS-III. Henderson County has jurisdiction within the area that would be 
affected by the proposed reclassification. Another intake, for later use, is planned on the upper French Broad River 
just upstream of the confluence with the Mills River. The upper French Broad River is proposed for a WS-IV water 
supply classification. Henderson and Transylvania Counties have land use jurisdiction within this proposed water 
supply watershed. Water quality sampling of the two proposed water supplies by the Division indicates that each 
source is suitable as a raw water supply source. 

The lower French Broad River is currently classified WS-IV; however, no one is using this source as a water 
supply. The local governments that have land use jurisdiction within this watershed are the Town of Fletcher, and 
Buncombe and Henderson Counties. Each local government is currently implementing a drinking water supply 
protection program for this watershed. Since the Authority no longer desires to use the lower French Broad River 
as a raw water supply source, and the Division of Environmental Health's Public Water Supply Section prefers the 
use of the upper French Broad and Mills Rivers sites over the lower French Broad River, we are proposing to 
reclassify the lower French Broad River to Class C (non-water supply). 

APA #: E1757 

SUBJECT: CAMA General permit for Replacing Bridges and Culverts in the Coastal Zone 

RULE CITATION #: 15A 7H .2301-. 2305 

STATUTORY AUTHORITY: G.S. 113A-107; 113A-118.1; 113A-124 

DIVISION/SECTION: COASTAL MANAGEMENT 

DIVISION CONTACT: Doug Huggett 

DIVISION CONTACT TEL#: (919)733-2293 



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DATE INITIATED: 9/29/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: ADOPTIONS(5) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Need to expedite review and approval of routine projects. 

SCOPE/NATURE/SUMMARY : 

The new general permit will allow expedited approval of proposals to replace existing bridges and culverts across 
streams in the coastal zone. The permit will be applied to projects within certain parameters of size, wetland 
impacts, etc. The parameters have been developed from a review of past permit decisions. It is projected that the 
new genera] permit will be used approximately twelve times per year to approve projects proposed by the 
Department of Transportation. It will also apply to private projects. 

APA #: El 758 

SUBJECT: The rule will allow permits to be issued for the filling of canals, basins & ditches 

RULE CITATION #: 15A 7H .0208 

STATUTORY AUTHORITY: G.S. 113A-107(b); 113A-108; 113A-113(b); 113A-124 

DIVISION/SECTION: COASTAL MANAGEMENT 

DIVISION CONTACT: Preston Pate 

DIVISION CONTACT TEL#: (919)726-7021 

DATE INITIATED: 10/2/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Strict application of current CRC rules would prevent issuing permits for these development proposals. Historically, 
the permits have been issued in absence of review agency objections. The new rule will correct this inconsistency. 

SCOPE/NATURE/SUMMARY : 

The new rule will sanction the long standing practice of issuing permits for filling certain human-made features 
when there have been no resource or land ownership issues raised during permit review. 

APA #: E1759 

SUBJECT: Vegetation line identification after beach nourishment projects 

RULE CITATION #: 15A NCAC 7H .0305 

STATUTORY AUTHORITY: G.S. 113A-107; 113A-1 13(b)(6); 113A-124 

DIVISION/SECTION: COASTAL MANAGEMENT 

DIVISION CONTACT: Preston Pate 

DIVISION CONTACT TEL#: (919)726-7021 

DATE INITIATED: 10/2/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

See Scope/Nature/Summary. 

SCOPE/NATURE/SUMMARY : 

The proposed rule is necessary to codify the CRC's position on how to measure the first line of stable natural 
vegetation (FLNSV) on ocean beaches that have been replenished with sand. The FLSNV is the baseline used for 
setback of structures on the beaches. Past interpretations of the current definition have been to use the vegetation 
line that existed prior to the nourishment project. A recent contested case has focused on the need to have the rule 
amended to reflect the intent of past interpretations. 

APA #: El 760 

SUBJECT: New definition of the term "structure" as used in CRC rules. 
RULE CITATION #: 15A NCAC 7H .0106 



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STATUTORY AUTHORITY: G.S. 113A-102; 113A-107 

DIVISION/SECTION: COASTAL MANAGEMENT 

DIVISION CONTACT: Preston Pate 

DIVISION CONTACT TEL#: (919)726-7021 

DATE INITIATED: 10/2/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Need for consistent use and understanding of the term in CRC rules. 
SCOPE/NATURE/SUMMARY : 

The term "structure" is used numerous times in CRC rule but is not defined in such a way as to apply consistently 

throughout all subchapters of chapter 7H. It is proposed to define buildings, roads, piers, mooring pilings, 

breakwaters, etc. as structures. 

APA #: E1761 

SUBJECT: Revised priorities for awarding local planning and management grants to local governments in the 

coastal area. 
RULE CITATION #: 15A NCAC 7L 
STATUTORY AUTHORITY: G.S. 113A-112; 113A-124 
DIVISION/SECTION: COASTAL MANAGEMENT 
DIVISION CONTACT: Richard Shaw 
DIVISION CONTACT TEL#: (919)733-2293 
DATE INITIATED: 10/2/95 
DURATION OF RULE: Permanent 
TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 
GOV LEVELS AFFECTED: None 
REASON FOR ACTION : 

The Governor's Coastal Futures Committee (CFC) and Coastal Resources Commission (CRC) have both 

recommended amending the funding priorities to reflect current local government planning and BHBgtmt 

objectives. The rules have not been updated in several years. 
SCOPE/NATURE/SUMMARY : 

The purpose of these rules is to establish the criteria and procedures for the Department's program of grants for 

local land use planning and management within North Carolina's coastal area. 

APA #: E1762 

SUBJECT: Revisions to the general policy guidelines for shorefront access in the coastal area. 

RULE CITATION #: 15A NCAC 7M .0300 

STATUTORY AUTHORITY: G.S. 113A-124; 113A-134.1; 113A-134.3; 153A-227(a); 160A-314.(a); 
16 U.S.C. Sec. 1453 

DIVISION/SECTION: COASTAL MANAGEMENT 

DIVISION CONTACT: Richard Shaw 

DIVISION CONTACT TEL#: (919)733-2293 

DATE INITIATED: 10/2/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To amend the CRC's shorefront access guidelines to reflect recent trends in the demand for shorefront access as 
well as changes in the enabling legislation (NCGS 113A-134.1 et seq.) enacted by the 1995 Session of the General 
Assembly. 

SCOPE/NATURE/SUMMARY : 

The purpose of these rules is to express general policy guidelines for shorefront access in the coastal area as well 
as the criteria and procedures for local government participation in the Public Beach and Coastal Waterfront Access 



2378 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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Program. 

APA #: E1770 

SUBJECT: Beach Nourishment/Spoil Disposal: Vegetation line identification 

RULE CITATION #: 15 A NCAC 7H .0308 

STATUTORY AUTHORITY: G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6)a,b,d; 113A-124 

DIVISION/SECTION: COASTAL MANAGEMENT 

DIVISION CONTACT: Preston Pate 

DIVISION CONTACT TEL#: (919)726-7021 

DATE INITIATED: 10/6/95 

DURATION OF RULE: Permanent 3/1/96 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The proposed rule is necessary to codify the CRC's position on how to measure the first line of stable natural 
vegetation (FLSNV) on ocean beaches that have been replenished with sand. The FLSNV is the baseline used for 
setback of structures on the beaches. Past interpretations of the current definition have been to use the vegetation 
line that existed prior to the nourishment project. A recent contested case has focused on the need to have the rule 
amended to reflect the intent of past interpretations. 

SCOPE/NATURE/SUMMARY : 
See Reason. 

APA #: El 772 

SUBJECT: Enhanced Monitoring 

RULE CITATION #: 15 A NCAC 2 

STATUTORY AUTHORITY: 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Linda Roderick/Thomas Allen 

DIVISION CONTACT TEL#: (919)733-3340/733-1489 

DATE INITIATED: 10/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The 1990 Clean Air Act Amendments (CAAA) require an enhanced monitoring program to be iq fa i H tal 

along with the Title V program. EPA is in the process of developing monitoring requirements for sources 
subject to Title V permit requirements and perhaps some non-Title V sources. These requirements will contain 
monitoring, record keeping, and reporting requirements. 

SCOPE/NATURE/SUMMARY : 

Enhanced monitoring is a way to show continuous compliance with the current Air Quality Rules. An enhanced 
monitoring Rule or Section will need to be developed to meet the requirements of the CAAA of 1990. Whenever 
EPA comes out with its enhanced monitoring rules, the Air Quality Section will begin to develop its enhanced 
monitoring rules. 

APA #: El 773 

SUBJECT: Sulfur Dioxide SIP Deficiencies 

RULE CITATION #: 15A NCAC 2D .0600 Section 

STATUTORY AUTHORITY: 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ ATR QUALITY 

DIVISION CONTACT: Linda Roderick/Thomas Allen 

DIVISION CONTACT TEL#: (919)733-3340/733-1489 

DATE INITIATED: 10/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 



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GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To correct deficiencies related to sulfur dioxide rules as identified by EPA. 

SCOPE/NATURE/SUMMARY : 

The Rules that need to be amended are in the 15A NCAC 2D .0600 Section. The deficiencies were mainly a failure 
to specify averaging time and the need to clarify continuous emissions monitoring requirements. A statement needs 
to be added to allow the Director of DEM to use continuous emissions monitoring data for enforcement purposes. 

APA U: E1774 

SUBJECT: Updating stack testing and reporting and RECORD KEEPING 

RULE CITATION #: 15A NCAC 2D .0501, 15A NCAC 2D .0900 section, 15A NCAC 2D .0600 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Linda Roderick/Thomas Allen 

DIVISION CONTACT TEL#: (919)733-3340/733-1489 

DATE INITIATED: 10/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The stack testing rules need to be updated including incorporation of agency policy into the rules. The RECORD 
KEEPING and reporting requirements rules need to be revised to clarify the types of records industry needs to keep 
and the types of information industry needs to report to the Air Quality Section. 

SCOPE/NATURE/SUMMARY : 

15A NCAC 2D .0501, Compliance with Emissions Standards, currently contains most of the stack testing 
procedures. There are several rules in Section 15A NCAC 2D .0900, Volatile Organic Compounds (VOC), 
pertaining to testing VOC emissions. Depending on the amount of changes made, a new section maybe developed 
to contain all stack testing procedures. 

APA #: El 775 

SUBJECT: PM10 Test Methods 

RULE CITATION #: 15A NCAC 2D .0501 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Linda Roderick/Thomas Allen 

DIVISION CONTACT TEL#: (919)733-3340/733-1489 

DATE INITIATED: 10/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

EPA has recently adopted test methods to measure stack emissions of PM10, particulate matter with an aerodynamic 
diameter less than or equal to a nominal 10 micrometers. After evaluation by the Air Quality Section, these test 
methods may be adopted as part of the North Carolina air quality test methods. If they are adopted, they would 
be added to Rule 15A NCAC 2D .0501, Compliance with Emission Control Standards. 

SCOPE/NATURE/SUMMARY : 

Adopt EPA test method for PM10. 

APA #: E1776 

SUBJECT: Off-Permit for Non-Title V Facilities 

RULE CITATION #: 15A NCAC 2Q .03XX 

STATUTORY AUTHORITY: 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Linda Roderick/Thomas Allen 

DIVISION CONTACT TEL#: (919)733-3340/733-1489 



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DATE INITIATED: 10/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To clarify that changes to insignificant activities and changes not covered under any applicable requnerrert 

may be made without permit revision. 

SCOPE/NATURE/SUMMARY : 

The Title V permitting rules allow certain types of changes to be made without the necessity of having to obtain 
a permit revision. These types of changes are termed "off-permit changes. " There are two types of off-permit 
changes: (1) a change that affects only insignificant activities )Insignificant activities are activities exempted from 
needing a permit.) and the activity remains insignificant after the change and (2) a change that is not covered under 
applicable requirement. This concept should be extended to permits for non-Title V facilities. 

APA #: E1777 

SUBJECT: Standard for basecoat/clear coat coating metal products 

RULE CITATION #: 15A NCAC 2D .0934 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Linda Roderick/Thomas Allen 

DIVISION CONTACT TEL#: (919)733-3340/733-1489 

DATE INITIATED: 10/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

DuPont has requested that we consider adding a standard to 15A NCAC 2D .0934, Coating of 
Miscellaneous Metal Parts and Products, to address the emissions from base coat/clear coat operations. This type 
of coating operation is a new technology that came into being after the guidelines on which this regulation is based 
was published. 

SCOPE/NATURE/SUMMARY : 

15A NCAC 2D .0934, Coating of Miscellaneous Metal Parts and Products, should be amended to incorporate a 
standard from base coat/clear coat operations. 

APA #: El 778 

SUBJECT: Clarify Odor Rule 

RULE CITATION #: 15A NCAC 2D .0522 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Linda Roderick/Thomas Allen 

DIVISION CONTACT TEL#: (919)733-3340/733-1489 

DATE INITIATED: 10/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 
To clarify Rule. 

SCOPE/NATURE/SUMMARY : 

15A NCAC 2D .0522, Control and Prohibition of Odorous Emissions, needs to be amended to clarify the intent 
of the Rule which will make it easier for the Regions to enforce. Air Quality Section will look into using several 
options of determining odorous emissions such as panels, ambient monitoring and scent-o-meters. Another 
option to consider is repealing the rule all together. 

APA #: El 779 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2381 



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SUBJECT: Malfunction Reporting 

RULE CITATION #: 15A NCAC 2D .0535 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4); 143-215. 107(a)(5) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ AIR QUALITY 

DIVISION CONTACT: Linda Roderick/Thomas Allen 

DIVISION CONTACT TEL#: (919)733-3340/733-1489 

DATE INITIATED: 10/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To revise time for reporting malfunctions. 

SCOPE/NATURE/SUMMARY : 

Currently, 15A NCAC 2D .0535, Excess Emissions Reporting and Malfunction, requires the owner or operator of 
a source of excess emissions resulting form a malfunction or other abnormal condition to notify the Director or his 
designee of such excess emission within 24 hours of becoming aware of them. This notification requirement would 
be changed to require reporting such excess emissions within 24 hours or the next business day. To notify the 
Director or his designee within 24 hours may be difficult when the day on which the malfunction or abnormal 
condition occurs and the following day are weekend days or holidays. Allowing notification on the following 
business day would alleviate this problem. Also this change would make the reporting requirement in this Rule 
compatible with the reporting requirements in the permitting rules. 

APA #: E1786 

SUBJECT: Coastal Energy Policies 

RULE CITATION #: 15A NCAC 7M .0400 

STATUTORY AUTHORITY: G.S. 113A-102(b); 113A-107; 113A-124 

DIVISION/SECTION: COASTAL MANAGEMENT 

DIVISION CONTACT: Roger Schecter 

DIVISION CONTACT TEL#: (919)733-2293 

DATE INITIATED: 10/25/95 

DURATION OF RULE: Permanent 2/1/97 

TYPE OF RULE: Amendment 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The state needs to clarify existing policy statements pertaining to energy production in the coastal region, especially 
for exploration and production on the Outer Continental Shelf. The proposed amendments will clarify for applicants 
the criteria necessary for siting energy facilities. These are the policies and the criteria the state will use to review 
proposed facilities and activities for consistency with the state's coastal management program. 

SCOPE/NATURE/SUMMARY: 

This is an amendment to coastal energy policies to clarify siting criteria for energy facilities located in the coastal 
zone. The amendment adds drill ships, drilling platforms and on-shore support structures to the definition of energy 
facilities. 

APA #: E1787 

SUBJECT: To delete duplicative and conflicting stormwater management requirements (ORW & HQW areas) 

RULE CITATION #: 15A NCAC 2B .0224; .0225 

STATUTORY AUTHORITY: 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/WATER QUALITY 

DIVISION CONTACT: Beth McGee 

DIVISION CONTACT TEL#: (919)733-5083 

DATE INITIATED: 10/25/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 



2382 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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REASON FOR ACTION : 

Minor administrative rule-making related to deleting duplicative and conflicting stormwater management 
requirements in ORW and HQW areas (NCAC 2B .0224 and .0225). 

SCOPE/NATURE/SUMMARY : 

The proposal is to delete duplicative and conflicting portions of the water quality standards rules that deal with 
stormwater management requirements of ORW and HQW areas. These requirements were moved to 15A NCAC 
2H .1000 and became effective September 1 as part of a rule-making process to consolidate stormwater 
requirements. No additional changes other than deleting the duplicative portions in the 2B .0200 rules are part of 
this requested action and no new rules, standards oar requirements of any type would result. We consider this 
proposed rule-making a very minor administrative change and the final stage of the proceedings to consolidate the 
stormwater requirements. 

APA #: El 788 

SUBJECT: Proposed management strategy for Thorpe Reservoir (Little Tennessee River Basin) 

RULE CITATION #: 15A NCAC 2B .0303; .0224; .0227 

STATUTORY AUTHORITY: G.S. 143-214.1; 143-214.8A; 143-215.1; 143-215. 3(a)(1) 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ WATER QUALITY 

DIVISION CONTACT: Steve Zoufaly 

DIVISION CONTACT TEL#: (919)733-5083 

DATE INITIATED: 10/26/95 

DURATION OF RULE: Permanent 5/1/96 

TYPE OF RULE: Amendments (3) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The purpose of this proposed action is to classify Thorpe Reservoir (also known as Lake Glenville) as High Quality 
Waters (HQW). Thorpe Reservoir is located in Jackson County and is in the Little Tennessee River Basin. A 
thorough analysis of the lake's water quality indicates that it is Excellent. This qualifies these waters for 
classification as HQW. This classification requires that large, high density development projects use stormwater 
control practices to manage stormwater runoff and that new or expanded wastewater discharges provide an advanced 
level of treatment. At their September 9, 1993 meeting, the Environmental Management Commission unanimously 
approved staffs request to proceed to public hearing on this proposal. 

APA #: E1789 

SUBJECT: Amendment of Water Quality Standards Rule 

RULE CITATION #: 15A NCAC 2B .0216 

STATUTORY AUTHORITY: 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/ WATER QUALITY 

DIVISION CONTACT: Lisa Martin 

DIVISION CONTACT TEL#: (919)733-5083 

DATE INITIATED: 10/27/95 

DURATION OF RULE: Permanent 2/1/96 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Inadvertent deletion of text during rule recodification process. 
SCOPE/NATURE/SUMMARY : 

See Reason. 

APA #: E1790 

SUBJECT: Corrective Action (Requirements for Risk Determination and Cleanup Costs) 

RULE CITATION #: 15A NCAC 2L .0106; 2P .0402(a) 

STATUTORY AUTHORITY: 

DIVISION/SECTION: ENVIRONMENTAL MANAGEMENT/GROUNDWATER 

DIVISION CONTACT: David Hance/ Arthur Mouberry 

DIVISION CONTACT TEL#: (919)715-6189/733-3221 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2383 



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DATE INITIATED: 10/30/95 

DURATION OF RULE: Permanent 2/3/98 Temporary 12/1/95 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage A 

GOV LEVELS AFFECTED: None W 

APA #: H5602 

SUBJECT: AMENDMENTS TO LOCAL HEALTH STANDARDS RULES 

RULE CITATION #: 15A NCAC 25 .0213 

STATUTORY AUTHORITY: G.S. 130A-9 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES 

DIVISION CONTACT: MALCOLM BLALOCK 

DIVISION CONTACT TEL#: (919)715-0929 

DATE INITIATED: 

DURATION OF RULE: Permanent 4/1/96 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

A new category (limited food service establishments) has been created by the adoption of 15A NCAC 18A .2645. 

This amendment adds these establishments to the list of required inspections. It also defines what constitutes this 

kind of inspection. 
SCOPE/NATURE/SUMMARY : 

This amendment is to clarify the frequencies and nature of inspections for several types of establishments. 

APA #: H5603 

SUBJECT: DISTRIBUTION OF FUNDS TO COUNTIES 

RULE CITATION #: 15A NCAC 18A .2901 

STATUTORY AUTHORITY: G.S. 130A-9; 130A-248, 130A-249 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES 

DIVISION CONTACT: ELIZABETH FULLER 

DIVISION CONTACT TEL#: (919)715-0933 

DATE INITIATED: 

DURATION OF RULE: Permanent 7/1/95 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To encourage all counties to strive and achieve 100% compliance and to not reward counties for failure to comply 

with statutory and rule requirements. 
SCOPE/NATURE/SUMMARY : 

To distribute funds collected under G.S. 130A-248(D) to all counties based on the percentage of compliance of 

inspections for ALL establishments inspected. 

APA #: H5605 

SUBJECT: SANITATION OF PUBLIC, PRIVATE AND RELIGIOUS SCHOOLS 

RULE CITATION #: 15A NCAC 18A .2400 

STATUTORY AUTHORITY: G.S. 130A-236 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES 

DIVISION CONTACT: SUSAN GRAYSON 

DIVISION CONTACT TEL#: (919)715-0926 

DATE INITIATED: 5/15/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: Adoptions(l) Amendments(l) Repeals(l) 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 



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These rules have not really been updated or changed to reflect current technology since they were first adopted 
approximately 20 years ago. In particular, there is a need to make revisions to address indoor air quality issues. 
SCOPE/NATURE/SUMMARY : 

These rules deal with the sanitation requirements for public, private and religious schools. 

APA #: H5606 

SUBJECT: SEPARATE THE EXISTING ON-SITE SUBSURFACE DISPOSAL RULES INTO 

LARGE (> .3000 GPD) AND SMALL SYSTEM RULES 
RULE CITATION #: 15A NCAC 18A .1900 ET. SEQ. 
STATUTORY AUTHORITY: Look up exact rule 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ONSITE WASTEWATER INSPECTIONS 
DIVISION CONTACT: 

DIVISION CONTACT TEL#: (919)733-2895 
DATE INITIATED: 

DURATION OF RULE: Permanent 7/1/95 
TYPE OF RULE: ADOPTIONS(l) 
STAGE OF DEVELOPMENT: Concept Stage 
GOV LEVELS AFFECTED: None 
REASON FOR ACTION : 

To establish clarity for large and small systems. 
SCOPE/NATURE/SUMMARY : 

To establish clarity for large and small systems. 

APA #: H5607 

SUBJECT: SUBSURFACE DISPOSAL OF INDUSTRIAL PROCESS WASTEWATER 

RULE CITATION #: 15A NCAC 18A .1900 ET. SEQ 

STATUTORY AUTHORITY: Look up exact rule 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ONSITE WASTEWATER INSPECTIONS 

DIVISION CONTACT: Steven Berkowitz, Joseph Pearce 

DIVISION CONTACT TEL#: (919)733-2895 

DURATION OF RULE: Permanent 7/1/95 

TYPE OF RULE: ADOPTIONS(l) 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Compliance with ARTICLE II, Chapter 130A of the G.S. 
SCOPE/NATURE/SUMMARY : 

More clearly establish existing regulatory requirements for subsurface disposal of industrial process wastewater. 

APA #: H5608 

SUBJECT: To make technical and clarity changes to existing on-site subsurface rules 

RULE CITATION #: 15A NCAC 18A .1900 ET. SEQ 

STATUTORY AUTHORITY: Look up exact rule 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ONSITE WASTEWATER INSPECTIONS 

DIVISION CONTACT: STEVE STEINBECK 

DIVISION CONTACT TEL#: (919)733-2895 

DATE INITIATED: 

DURATION OF RULE: Permanent 7/1/95 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To make technical and clarify changes to .1900. 

APA #: H5612 

SUBJECT: MEDICAL EXAMINER HOSPITAL FEE 
RULE CITATION #: 15A NCAC 23 .0204 



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I 



STATUTORY AUTHORITY: G.S. 130A-381; 130A-393 

DIVISION/SECTION: POST MORTEM MEDICOLEGAL EXAMINATION 

DIVISION CONTACT: MICHAEL A. OLSON 

DIVISION CONTACT TEL#: (919)966-2253 

DATE INITIATED: 

DURATION OF RULE: Permanent 7/1/95 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To align the text of the administrative code with General Statute. 

APA #: H5613 

SUBJECT: MEDICAL EXAMINER INVESTIGATION FEE 

RULE CITATION #: 15A NCAC 23 .0201 

STATUTORY AUTHORITY: G.S. 130A-381; 130A-387; 130A-393 

DIVISION/SECTION: POST MORTEM MEDICOLEGAL EXAMINATION 

DIVISION CONTACT: MICHAEL A. OLSON 

DIVISION CONTACT TEL#: (919)966-2253 

DATE INITIATED: 

DURATION OF RULE: Permanent 7/1/95 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To align the text of administrative code with General Statute. 

APA #: H5614 

SUBJECT: MEDICAL EXAMINER RADIOLOGY FEE 

RULE CITATION U: 15A NCAC 23 .0203 

STATUTORY AUTHORITY: G.S. 130A-381; 130A-393 

DIVISION/SECTION: POST MORTEM MEDICOLEGAL EXAMINATION 

DIVISION CONTACT: MICHAEL A. OLSON 

DIVISION CONTACT TEL#: (919)966-2253 

DATE INITIATED: 

DURATION OF RULE: Permanent 7/1/95 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To align the text of the administrative code with General Statute. 

APA #: H5669 

SUBJECT: HIV Medications Program 

RULE CITATION #: 15A NCAC 16A .1001, .1002-. 1006 

STATUTORY AUTHORITY: G.S. 130A-5(3) 

DIVISION/SECTION: ADULT HEALTH PROMOTION 

DIVISION CONTACT: Carolyn Harley 

DIVISION CONTACT TEL#: (919)715-3118 

DATE INITIATED: 1/19/95 

DURATION OF RULE: Permanent 1/1/96 Temporary 7/1/95 

TYPE OF RULE: ADOPTIONS(5) Amendments(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: State 

REASON FOR ACTION : ^ 

The HTV Medications Program has sufficient funds to expand its formulary to include prophylactic treatments for fl 

the prevention of Pneumocystis carinii pneumonia to low income patients who are not covered by Medicaid or 



2386 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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Insurance. The proposed rule change also changes the name of the program to reflect current operations with state 
funds and to identify rules in the Purchase of Care Program which are applicable to this program. 
SCOPE/NATURE/SUMMARY : 

Covered Medications. Established medications covered under the Department's payment program. 

APA #: H5779 

SUBJECT: North Carolina Hemophilia Assistance Plan 

RULE CITATION #: 15A NCAC 21F .1102 (a)(5); .1103 (3); .1105 (b) 

STATUTORY AUTHORITY: G.S. 130A-124 

DIVISION/SECTION: MATERNAL-CHILD HEALTH 

DIVISION CONTACT: Jo O'Keefe 

DIVISION CONTACT TEL#: (919)715-3812 

DATE INITIATED: 4/20/95 

DURATION OF RULE: Permanent 10/1/95 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Withdrawn 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Changes are proposed to the rules for the North Carolina Hemophilia Assistance Plan to enable coverage 
of patients who cannot use home therapy due to the nature of their bleeding disorder and venous status, to 
raise the per-patient allocation because of increased costs of treatment, and to update the name of one medical 
center. 

SCOPE/NATURE/SUMMARY : 

For several years, hemophilia contractors have requested these changes in order to maximize use of these funds. 
Some patients have inhibitors which make it necessary for them to receive their blood replacement products at the 
hospital. Others have poor venous access. These patients cannot self-infuse. They cannot benefit from the 
Hemophilia Assistance Plan under the current rules because it limits coverage of blood products to patients on home 
therapy. 

Another restriction under the current rules is the per-patient cap of $3,750. These patients have bills of as much 
as $ 100,000 per year, with large out-of-pocket expenses. Many insurers require patients to incur up to $ 5,000 
in out-of-pocket expenses before they will pay maximum benefits. Raising the cap would enable the Plan to provide 
more relief to patients in meeting that requirement. 

APA #: H5783 

SUBJECT: Increase fee for x-rays in Dusty Trades Program 

RULE CITATION #: 15A NCAC 19C .0206 

STATUTORY AUTHORITY: G.S. 97-73(b) 

DIVISION/SECTION: EPIDEMIOLOGY/OCCUPATIONAL HEALTH 

DIVISION CONTACT: Pat Collins 

DIVISION CONTACT TEL#: (919)733-3420 

DATE INITIATED: 4/24/95 

DURATION OF RULE: Permanent 10/1/95 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Withdrawn 

GOV LEVELS AFFECTED: State 

REASON FOR ACTION : 

The 1995 Legislature eliminated funding for two technicians that provide x-ray service in the Dusty Trades Program 
but did not eliminate the two positions. The Department proposes an increase in the fee for medical exams in that 
program to offset the reduction in appropriations. 

This rule increases the fee that the Department charges to industry by an amount sufficient to cover the salary and 
fringe benefits of the two technicians. 
SCOPE/NATURE/SUMMARY : 

GS 97-73(b) of the North Carolina Workers Compensation Act authorizes the Department to charge a fee to 
supplement the operation of the Dusty Trades Program. The Department charges two separate fees, one fee to take 
an x-ray, and another fee to interpret the x-ray. The reading fee is $ 5.00 which is charged to industry and is in 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2387 



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turn paid out to the chest consultant for reading each film. The fee to take the x-ray is $ 12.00 per film which 
covers supplies, phone, electricity, travel, maintenance and insurance. This rule proposes that this $ 12.00 fee be 
increased $ 38.00 per film to $ 50.00 in order to cover the salary and fringe benefits of the x-ray tech and the 
environmental tech that operate the mobile unit. 

APA #: H5833 

SUBJECT: Research Requests 

RULE CITATION #: 15A NCAC 19H .0702 

STATUTORY AUTHORITY: G.S. 130A-92(7); 130A-93 

DIVISION/SECTION: EPIDEMIOLOGY/VITAL RECORDS 

DIVISION CONTACT: Jan Ellington 

DIVISION CONTACT TEL#: (919)715-4402 

DATE INITIATED: 5/22/95 

DURATION OF RULE: Permanent 10/1/95 

TYPE OF RULE: AMENDMENTS(l) 

STAGE OF DEVELOPMENT: Withdrawn 

GOV LEVELS AFFECTED: State 

REASON FOR ACTION : 

This amendment is necessary to specify current fees charged for providing vital records data for research purposes. 
Although the rule provides for fees for research purposes, currently it does not specify those exact fees, as it does 
in the case of individual searches and for expedited service. This change will address specific fees for research 
requests involving computer searches of five (5) year periods, requests for data sets including individual names 
and/or other information, requests requiring computer programming, and replacement costs for the provision 

of data tapes. In order to ensure that research fees are not prohibitive, this amendment also includes a specific 
maximum fee of $5,000.00 charged for data sets. 

SCOPE/NATURE/SUMMARY : 

Due to proposed legislation (SB 426-Strengthen public Records Law), this amendment is necessary to specify current 
fees charged for providing vital records data for research purposes. Although the rule currently provides for fees 
for research purposes, it does not specify those exact fees, as it does In the case of individual searches and for 
expedited service. Without this change, passage of SB 426 may invalidate these current fees, which enable the 
department to realize significant receipts for individual-specific vital records data. These fees do not apply to 
statistical data. This change will address specific fees for research requests involving computer searches of five (5) 
year periods, requests for data sets including individual names and/or other information, requests requiring computer 
programming, and replacement costs for the provision of data tapes. In order to ensure that research fees for 
individual-specific information are not prohibitive, this amendment also includes a specific maximum fee of 
$5,000.00 charged for data sets. 

APA #: H5968 

SUBJECT: Children's Special Health Services Adoption Provision 

RULE CITATION #: 15A NCAC 2 IF .0800 

STATUTORY AUTHORITY: G. S. 130A-124 

DIVISION/SECTION: MATERNAL-CHILD HEALTH 

DIVISION CONTACT: Richard Moore 

DIVISION CONTACT TEL#: (919)715-3811 

DATE INITIATED: 7/31/95 

DURATION OF RULE: Permanent 1/1/96 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

North Carolina Children's Special Health Services will eliminate a special provision which allows adopted Children 
with special needs to be counted as a families of one for purposes of determining financial eligibility for program 
services in order to bring the rule into compliance with T15A 24A .0200. 

SCOPE/NATURE/SUMMARY : 

To simplify the financial eligibility determination process for Children's Special Health Services, Medicaid will 
determine financial eligibility for Children with special needs. Since CSHS will no longer determine financial 
eligibility for its patients, special eligibility provisions for adoptive Children under CSHS rules would no longer be 



2388 NORTH CAROLINA REGISTER December 15, 1995 10:18 



RULE-MAKING AGENDA 



necessary. While this change will prevent some adopted Children with special needs from becoming CSHS eligible 
in the future if they are not Medicaid eligible, adopted Children already approved for CSHS will not be required 
to be Medicaid eligible to remain on the program. A proposed provision in TI5A 24A .0200 will allow them to 
apply each year as a family of one under a separate financial eligibility determination process. 

The matter of changing CSHS eligibility has been taken to various constituent groups - the CSHS Medical Advisory 
Committee, the NC Pediatric Society, and the Children and Youth Parent Advisory Committee. 

APA #: H5972 

SUBJECT: Laboratory Certification for laboratories analyzing drinking water 

RULE CITATION #: I5A NCAC 20D .0233. .0234. .0236. .0241, .0242. .0243, .0247.0252 

STATUTORY AUTHORITY: G.S. I30A-315; 130-326 

DIVISION/SECTION: LABORATORY SERVICES 

DIVISION CONTACT: Debbie Moncol 

DIVISION CONTACT TEL#: (919)733-7308 

DATE INITIATED: 8/2/95 

DURATION OF RULE: Permanent 1/1/96 

TYPE OF RULE: AMENDMENTS(12) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

A majority of the proposed Rule changes (15A NCAC 20D .0233, .0243(2)(C), .0243 (2)(D), .0249,0252) 

are to comply with new federal regulations. The proposed change to Rule .0236 would modify the certification 
criteria for out-of-state laboratories to allow the Division the ability to certify out-of-state laboratories in states that 
do not have drinking water certification programs in force. Other proposed Rule changes (15 A 20D .0234, 
.0243(c)(1)(A). .0247) are to modify the criteria to better define some specific quality control requirements in the 
laboratories. The remaining proposed Rule changes (15A 20D .0241, .0242, .0248) are to simply update adopted 
references in the Rule so that they are current with the Code of Federal Regulations (Safe Drinking Water Act) and 
the EPA certification criteria. 

SCOPE/NATURE/SUMMARY : 

The Rules provide the certification criteria for laboratories analyzing drinking water from public water supplies to 
comply with the North Carolina Drinking Water Act. The certification criteria are established by the federal 
regulations under the Safe Drinking Water Act in 40 CFR parts 141-143. 

APA #: H5979 

SUBJECT: Asbestos Hazard Management Program 

RULE CITATION #: 15A NCAC 19C .0602-.0609 

STATUTORY AUTHORITY: 

DIVISION/SECTION: EPIDEMIOLOGY/ENVIRONMENTAL EPIDEMIOLOGY 

DIVISION CONTACT: Lucia Merritt 

DIVISION CONTACT TEL#: (919)733-0820 

DATE INITIATED: 8/8/95 

DURATION OF RULE: Permanent 7/1/96 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The major revisions are needed under 15A NCAC I9C .0602, Accreditation, allowing persons whose removal 
activities are limited to asbestos-containing roofing products to become accredited in a subcategory. These 

subcategories will be Roofing Worker and Roofing Supervisor. The training course length for accreditation as a 
Roofing worker would be one day and the Roofing Supervisor would be three days. Under the current rules the 
training course length for a general asbestos Worker is four days and for a Supervisor it is five days. These 
changes would also bring the AHMP Rules in line with the recent changes in the Occupational Safety and Health 
Act Regulations. 

All other revisions are primarily for clarification purposes only. 
SCOPE/NATURE/SUMMARY : 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2389 



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.0601 The addition of definitions for clarifications purposes. 

.0602 The addition of subcategories for persons whose removal activities are limited to asbestos-containing roofing 

products. These subcategories would be for Roofing Worker and Roofing Supervisor. 

.0603 Add language on the approval of initial and refresher asbestos roofing training courses. Clarifications on 

the time frame for contingent training course approval and the cancellation of training courses. 

.0605 Addition of the requirement that waste shipment records be submitted to the Branch for review currently 

required to be completed only. 

.0607 Clarifications to exempt clearance air sampling for certain demolition projects and eliminate the requirement 

for dual participation in multiple laboratory proficiency programs. 

.0608 Adds instructor qualifications for person teaching asbestos roofing training courses. 

.0611 This new Rule will establish the training course requirements for persons seeking accreditation as Roofing 

Worker and Roofing Supervisor. 

APA #: H5980 

SUBJECT: Sanitation of Restaurants and Toilet Facilities 

RULE CITATION #: 15A NCAC 18A .2601, .2618, .2624, .2632, .2635 & .2636 

STATUTORY AUTHORITY: G.S. 130A-248 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES 

DIVISION CONTACT: Malcolm Blalock 

DIVISION CONTACT TEL#: (919)715-0929 

DATE INITIATED: 8/9/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: AMENDMENTS(6) Repeals(l) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The agency, several local health departments and representatives of industry have indicated that there is a need for 

various changes in Restaurant Rules in order to eliminate confusion and differences in interpretation of the 

rules. 
SCOPE/NATURE/SUMMARY : 

.2601 (24) and (25) are proposed for revision in order to delete the "temporary restaurant" category and instead 

create a "temporary food establishment" category. 

.2618 (d) and (h) are proposed for revision in response to Industry and Counties that have requested clarification 
on what is considered approved methods for air drying of utensils. The FDA has recognized and approved 
alternative methods for the air drying of utensils with equipment such as shelves and racks. Many counties in North 
Carolina have approved the use of alternative methods for air drying that the FDA uses. These changes are to 
conform to current industry procedures that are currently used in many states throughout the country. These 
procedures have shown to be effective for air drying utensils and pose no health or safety issues. 

.2624 (a) is proposed for revision to require only one toilet room to serve patrons and employees of both sexes in 
restaurants. A recent question by a local health department had caused the state office to review this rule and 
conclude that there was no public health reason for requiring separate toilet rooms for each sex. 

.2632 (a) is proposed for revision in order to conform to industry standards concerning design and construction 
of equipment to be used in storage. Due to the design specification of a large percentage of equipment used for 
storage, this equipment is not able to comply with the storage height requirement of 15". The state office has 
reviewed this rule and concludes that lowering the height to 12", if stationary, or 6", if portable, will not be a health 
or safety issue. 

.2635 Rule title, opening statement, (1) and (9) are proposed for revision in order to delete the "temporary 

restaurant" category and instead create a "temporary food establishment" category. 

.2636 The entire rule is proposed for change in order to delete the "temporary restaurant" category and instead 
create a "temporary food establishment" category. 

APA #: H5981 



2390 NORTH CAROLINA REGISTER December 15, 1995 10:18 



RULE-MAKING AGENDA 



SUBJECT: Update of "Rules Governing the Sanitation of Lodging Places" 

RULE CITATION #: 15A NCAC 18A .1801-. 1808, .1810-. 1814, .1818 

STATUTORY AUTHORITY: G.S. 130A-248 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/EN V. HEALTH SERVICES 

DIVISION CONTACT: Malcolm Blalock 

DIVISION CONTACT TEL#: (919)715-0929 

DATE INITIATED: 8/9/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: AMENDMENTS(14) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The lodging rules have not been comprehensively reviewed since 1976. In intervening years, industry practice and 
statutes have changes and health science has advanced. In addition, certain areas were in need of clarification due 
to confusion that was created by unclear wording. The proposed changes are intended to cause the lodging rules 
to be clearer and reflect current practice, law and science. 

SCOPE/NATURE/SUMMARY : 

.1801 Definitions (1) is proposed to be changed to reflect the change in Department and to clarify that local 
environmental health specialists, acting as agents of the Department, are also included in the term. (2) was amended 
in accordance with the APA.(3) was rewritten for clarity. (4) was amended to reflect new changes in GS 
130A-250.(5) and (6) were added to define new terms being used in the rules. 

.1802 Permits (a) and (c) "Place" has been changed to "establishment" to reflect statutory changes in terminology, 
(b) and (e) this revision will clarify that an evaluation is conducted rather than an inspection prior to the 
issuance of a permit. The change will help make the practice uniform across the state, (c) references to leases have 
also been added to reflect statutory changes. 

.1803 Public Display of Grade Card "Place" has been changed to "establishment" and "leasee" has been added 
to reflect statutory changes. The words "readily visible" were added for emphasis and to improve consistency with 
the statute. 

.1804 Inspections (a) clarifies that inspections as well as reinspections may be requested, (b) changes the rule to 
require the opening visit by the health department to be a formal inspection, rather than just a permit issuance, (c) 
was rewritten to be clearer. 

.1805 Inspection Forms The wording changes were made to conform to the statutes. (6) has been added to require 
the status code (a code presently in use indicating permit and operational status). 

.1806 Grading The wording was changed to conform to the statutes. 

.1807 Approved Lodging Establishments The wording was changed to conform to the statutes. 

.1808 Lobby, Halls and Stairs (a) the changes quantifies lighting requirements, (b) has been clarified to include 
ceiling fans, air conditioners and other ventilation equipment, (c) has been expanded to include construction factors 
of cleanable and durable for the finishes of these areas. 

.1810 Water Supply (b) the new sentence clarifies that water samples will not be taken from 
establishments served by regulated public water supplies. Samples are already taken at greater frequency from these 
supplies, (c) the changes prohibit cross-connections with sewage systems, a more dangerous situation than a 
cross-connection with an unapproved water supply. Changes also delete any references to the North Carolina State 
Building Code as environmental health specialists are not authorized as building inspectors, (d) was changed to 
clarify that there must be enough water to carry on the intended operations, (e) has been added to establish an upper 
level temperature to prevent scald accidents. 

.1811 Drinking Water Facilities (a) deletes the references to ice cooling of water and common drinking cups at 
water fountains as these are no longer practices within the industry, (b) was rewritten to include beverage service 
items already within the room, not just room service items. The term for a room ice container is changed from 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2391 



RULE-MAKING AGENDA 



older "tub", to the more modern term of "ice bucket". The changes expand the drinking glass protective devices 
used in rooms to include paper caps. The final sentence allows the use of disposable plastic liners in ice buckets 
in place of sanitation, (c) the wording change to clarified what a "safe" water supply is. Changes also delete a 
reference to block ice, an item no longer found in lodging establishments. It expands the rules to cover the 
maintenance condition of areas around ice machines for guests. Lastly, it would require that all ice machines for 
guest use installed in the future be dispensing units, avoiding the possibility of guests using their own ice dispensing 
tools or contacting ice left to be used by someone else, (d) requirements for ice storage bins were expanded to 
include the cleanliness and condition of these bins to ensure that ice remains uncontaminated by things such as molds 
and rust, (e) expands the rules to require sanitation of tableware provided by the lodging establishments to guests 
in hotel efficiencies. In this manner, the opportunity for passage of disease organisms from one person to the next 
is reduced. 

.1812 Guestrooms (a) the changes quantify the amount of light required and clarify that windows qualifying as 
ventilation, must be operable and screened, (b) deletes discussions of privacy as these are not health issues, (c) 
is rewritten for clarity. The last sentence expands the rules to require clean bed linens, and item not previously 
required, (a) and (e) the term "bedrooms" is changed to "guestrooms" to clarify that these are the rooms rented 
to the public and not areas used staff or long-term boarders. 

.1813 Storage (b) the changes are intended to clarify how items were to be arranged in the storage rooms, (d) 
requires a separate storage area for building and ground maintenance chemicals and supplies such as pesticides, 
herbicides and equipment commonly containing such chemicals, (e) requires that dirty items on housekeeping carts 
be maintained in such a manner that they do not contaminate clean items which are also found on these carts. 

.1814 Disposal of Garbage and Trash: Premises (a) the change attempts to combine both ideas contained in the 
two sentences into one sentence. A requirement for maintaining clean garbage containers to reduce insect and 
rodent attraction is introduced. The requirement to prevent the accumulation of unused items is moved to (b). (c) 
introduces requirements for garbage and mopping equipment storage and cleaning facilities. Delineates the 
equipment required in a cleaning facility and a practice that would be accepted in lieu of a dumpster cleaning 
facility. 

.1818 Plan Review (a) deletes the reference to the food service rules as superfluous. Establishes requirements for 
submission of plans prior to construction or renovation of a lodging establishment. Sets out which agencies are to 
review which plans, fb) requires construction to be in accordance with the approved plans. 

APA #: H6007 

SUBJECT: North Carolina Hemophilia Assistance Plan 

RULE CITATION #: 15A NCAC 21F .1101, .1102, .1103, .1105 

STATUTORY AUTHORITY: G.S. 130A-124 

DIVISION/SECTION: MATERNAL-CHILD HEALTH 

DIVISION CONTACT: Jo O'Keefe 

DIVISION CONTACT TEL#: (919)715-3812 

DATE INITIATED: 8/31/95 

DURATION OF RULE: Permanent 1/1/96 

TYPE OF RULE: AMENDMENTS(4) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

This rule is proposed for amendment to ensure that it pertains to all patients with hemophilia and congenital bleeding 
disorders and to expand the services covered. 

SCOPE/NATURE/SUMMARY : 

Currently the Hemophilia Assistance Program restricts coverage to patients on home therapy and limits the type of 
care available. Under the proposed rule change, the program will expand eligibility to include patients who are 
unable to use home therapy as well as broaden the scope of services for which these funds may be used. 

While these changes potentially will increase the number of clients served and the types of services covered, new 
funds will not be requested. The purpose of the rule change is to ensure that existing funds are equitably distributed 
among all hemophilia patients and to give hemophilia treatment centers more authority to determine their patients' 



2392 NORTH CAROLINA REGISTER December 15, 1995 10:18 



RULE-MAKING AGENDA 



service needs. It is anticipated that individual patients served by these funds will receive a smaller share of the 
funds available than patients have in the past. 

APA #: H6025 

SUBJECT: Lead Poisoning Prevention in Children 

RULE CITATION #: 15A NCAC 18A .3101 - .3106 

STATUTORY AUTHORITY: G.S. 130A-131.5 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES 

DIVISION CONTACT: Malcolm Blalock 

DIVISION CONTACT TEL#: (919)715-0929 

DATE INITIATED: 9/21/95 

DURATION OF RULE: Permanent 2/1/96 

TYPE OF RULE: AMENDMENTS(6) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

There is a need for various changes in the Childhood Lead Poisoning Prevention rules in order to eliminate 
confusion and differences in interpretation of the rules. 

SCOPE/NATURE/SUMMARY : 

.3101 Definitions Revisions are proposed to (1), (2), (4), (5), (6), (8) and (10) for purposes of clarification and 
to improve consistency with state law. (7), (11), (12) and (13) are proposed to provide greater clarification to (5) 
and (8). Revisions are also proposed to (5) in order to require expanded laboratory reporting and to clarify the 
different trigger mechanisms for identification, investigation, notification and abatement of lead poisoning hazards. 
Revisions are also proposed to (8) in order to add lead poisoning hazard standards for lead-contaminated dust. 

.3102 Reports of Elevated Blood Lead Levels in Children Revisions are proposed to provide consistency with state 
law, to list the specific information that must be reported and to allow for electronic submission ofblood lead data. 

.3103 Examination and Testing Revisions are proposed in order to provide greater consistency with state law. 

.3104 Investigation to Identify Lead Poisoning Hazards Revisions are proposed in order to provide greater 
consistency with state law. 

.3105 Notification Revisions are proposed in order to provide greater consistency with state law. 

.3106 Abatement Revisions are proposed in order to clarify requirements for owners and managing agents and 
to provide greater consistency with state law. 

APA #: H6026 

SUBJECT: Definitions, Grades of Certification, Revocation of Certificate, Continuing Education, Reciprocal 
Certificates, Operators in Responsible Charge 

RULE CITATION #: 15A NCAC 18D .0105, .0201, .0307, 0308, .0405, .0701 

STATUTORY AUTHORITY: 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ONSITE WASTEWATER INSPECTIONS 

DIVISION CONTACT: Lena Williams 

DIVISION CONTACT TEL#: (919)733-0379 

DATE INITIATED: 9/21/95 

DURATION OF RULE: Permanent 9/1/96 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The board plans to establish continuing education requirements for operator certification renewal. Also, the board 
would like for a person holding an A-Surface certification to be eligible to take the C-Well examination without 
being required to have three months of well system experience. The board wants to require an examination before 
granting certification by reciprocity. In addition, the board wants to change the requirements for the operator in 
responsible charge to have better control examination without the required three months of well system experience 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2393 



RULE-MAKING AGENDA 



over the management of water treatment facilities. 
SCOPE/NATURE/SUMMARY : 

* Some of the material in Section .0105 regarding the definition of an operator in responsible charge is being 
moved to Section .0701. 

* The eligibility requirements to take the C-Well examination are being changed to allow a person holding an 
A-Surface certification to take this since they already have considerable water treatment experience. 

* Section .0307(1?) provides for revocation of certification for failure to meet the continuing education 
requirements, and Section .0308 establishes the initial continuing education requirements. It is important for 
continuing education requirements to be kept minimal until the Board has sufficient personnel to handle the 
additional workload that will result. Also, more staff required to perform duties created by new regulations will 
result in higher certification renewal fees for the operators and utilities to cover the additional resource expense. 

* Section .0405 will be changed to incorporate criteria established by the Board for the issuance of reciprocal 
certifications. 

* Section .0700 will be established as a new section. Material from the definition of the operator in responsible 
charge is being reformatted and moved to this section. In addition, the new items follow. The home of the ORC 
for non-community systems may be more than 50 miles from the system if approved by the Board. An ORC may 
not be responsible for more than 15 community well water systems. An ORC must have permission from the Board 
to be responsible for more than 10 non-community well water systems and shall not exceed 30 of these systems in 
any event. 

APA #: H6045 

SUBJECT: Public Water Supply 

RULE CITATION #: 15A NCAC 18A .1720, .1722, .1723, .1725- .1727 

STATUTORY AUTHORITY: G.S. 95-225; 130A-5(3); 130A-228; 130A-230; 130A-235; 130A-236; 130A-248; 

130A-257 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/PUBLIC WATER SUPPLY 

DIVISION CONTACT: Malcolm Blalock 

DIVISION CONTACT TEL#: (919)715-0929 

DATE INITIATED: 10/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

APA #: H6046 

SUBJECT: Frequency of Establishment 

RULE CITATION #: 15A NCAC 25 .0213 

STATUTORY AUTHORITY: G.S. 130A-9 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES 

DIVISION CONTACT: Malcolm Blalock 

DIVISION CONTACT TEL#: (919)715-0929 

DATE INITIATED: 10/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To clarify inspection frequencies for certain types of establishments inspected by local health departments. Also 
to make the requirements for inspections of public swimming pools and spas consistent with the requirements in the 
public swimming pools and spas. 

SCOPE/NATURE/SUMMARY : 

The proposed amendment clarifies the requirements of inspection of establishments made by local health 
departments. It also increases from one to two the number of inspections required annually for public swimming 



2394 NORTH CAROLINA REGISTER December 15, 1995 10:18 



RULE-MAKING AGENDA 



pools and spas operating beyond the usual summer swimming period. 



APA #: H6047 

SUBJECT: Backflow Prevention/Cross Connection Control 

RULE CITATION #: 15A NCAC 18C .0102, .0406, .0709 

STATUTORY AUTHORITY: 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/PUBLIC WATER SUPPLY 

DIVISION CONTACT: Richard J. Durham 

DIVISION CONTACT TEL#: (919)715-3232 

DATE INITIATED: 10/11/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: Local State 

REASON FOR ACTION : 

To consider possible amendments to 15A NCAC 18C pertaining to Backflow Prevention/Cross Comedian 

Control. 

SCOPE/NATURE/SUMMARY : 

The North Carolina Department of Environment, Health and Natural Resources(DEHNR), Division of 
Environmental Health (DEH), Public Water Supply Section (PWSS) hereby gives notice of intent to review and 
possibly amend its "Rules Governing Public Water Systems" 15A NCAC 18C Sections .0102(c)(5), .0406(b), and 
.0709 pertaining to backflow prevention/cross connection control. Department representatives plan to gather and 
review available information, contact interested groups/organizations, conduct meetings and hold discussions on the 
need to amend current regulations. 

APA #: H6052 

SUBJECT: Transitional Permits 

RULE CITATION #: 15A NCAC 18A .2702 

STATUTORY AUTHORITY: G.S. 130A-228 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES 

DIVISION CONTACT: Malcolm Blalock 

DIVISION CONTACT TEL#: (919)715-0929 

DATE INITIATED: 10/12/95 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

This action is being taken to bring the rules into conformance with the new statutory requirements. In this 
legislative year, meat markets were moved to G.S. 130A-248, which requires a transitional permit. The statute in 
which meat markets were previously, did not require a transitional permit. 

SCOPE/NATURE/SUMMARY : 

The promulgation of this rule will allow meat markets to receive a transitional permit when a facility is leased or 
sold, just as restaurants do. This transitional permit, will, in turn, allow the new owner or leasee 90 days to bring 
the establishment into compliance with the rules, rather than having to do that immediately. 

APA #: N1315 

SUBJECT: COMPREHENSIVE OVERHAUL OF RULES WITHIN 15A CHAPTER 12 .SUBCHAPTER 
A, B, C, AND J 
RULE CITATION #: 15 A NCAC 12 SUBCHAPTER A, B, C, J 
STATUTORY AUTHORITY: 

DIVISION/SECTION: PARKS AND RECREATION 
DIVISION CONTACT: PHILIP McKNELLY 
DIVISION CONTACT TEL#: (919)733-4181 
DATE INITIATED: 
DURATION OF RULE: Permanent 
TYPE OF RULE: AMENDMENTS(l) 



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RULE-MAKING AGENDA 



STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

SCOPE/NATURE/SUMMARY : 

SUBCHAPTER 12A: ORGANIZATION AND DUTIES ( IN IT'S ENTIRETY), SUBCHAPTER 12B: PARKS 
AND RECREATION AREAS (IN TT'S ENTIRETY), SUBCHAPTER 12C: STATE LAKES REGULATIONS (IN 
IT'S ENTIRETY), AND SUBCHAPTER 12J: LAND AND WATER CONSERVATION PROGRAM. 

APA #: N1564 

SUBJECT: Marine Fisheries Commission Rules 

RULE CITATION #: 15A NCAC 31 .0001, .0005, .0018, NCAC 3J .0103-04, .0107, .0202, .0301, .0401-02, 

NCAC 3K .0104-05, .0201-02, NCAC 3L .0301-02, NCAC 3M .0202, .0204, .0301, .0401, .0501, .0503-04, .0506-08, 
.0510-11, NCAC 3R .0003-05, .0007 

STATUTORY AUTHORITY: G.S. 113-133; 113-134; 113-201; 113-203; 113-221; 113-137; 113-152; 113- 154;1 13-182; 

143B-289.4 

DIVISION/SECTION: MARINE FISHERIES 

DIVISION CONTACT: Juanita Gaskill 

DIVISION CONTACT TEL#: (919)726-7021 

DATE INITIATED: 9/29/95 

DURATION OF RULE: Permanent 3/1/96 Temporary 11/1/95 

TYPE OF RULE:Adoptions(3) Amendments(30) 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Amendments: 

15 A NCAC 31 .0001 Definitions; to revise the definition for aquaculture operations to include activities dealing with 

eels and to include a definition for pound nets. 

31 .0005 Leaving Devices Unattended; to clarify when devices are unattended, not in use, and therefore in 

violation. 

3J .0103 Gill Nets, Seines, Identification Restriction; technical correction which deletes a portion of this rule and 

includes it in 15A NCAC 3J .0202. 

3 J .0104 Trawling; allows trawling in the channel and a described area adjacent to the channel at Hatteras. 

3J .0107 Pound Nets; establishes a $250 annual license for each pound net set; further defines inspection 

procedures to assure that sets are being used; and allows for requirement of culling panels year-round. 

3J .0202 Atlantic Ocean; technical amendment to include restriction now in 15A NCAC 3J .0103; prohibits use 

of nets larger than 7" for a specified time period; and prohibits use of flynets south of Hatteras. 

3J .0301 Crab, Eel, Fish and Shrimp Pots; further defines escape rings; restricts hours when pots can be fished; 

and allows pots to be set outside designated areas in Pamlico, Pungo, Bay and Neuse Rivers and adjacent waters 

during the months of October, May and the first two weeks of June. 

3 J .0401 Fishing Gear; extends proclamation authority to restrict fishing gear to resolve user conflicts for an 

additional year. 

3K .0104 Permits for Planting Shellfish from Polluted Areas; amends dates for relaying polluted oysters to leases. 

This amendment will be required if 15A NCAC 3K .0201 and 3K .0202 is amended. 

3K .0105 Non-Commercial Harvest of Crabs and Shellfish; amendment clarifies General Statute changes in 

licensure procedure and restrictions. 

3K .0201 Open Season and Possession Limit; extends the allowed oyster season by six weeks, allows for reduction 

in size limit to 2 1/2 inch in order to harvest oysters which would die from disease. 

3K .0202 Size Limit and Culling Tolerance; amendment required by amendment of 15 A NCAC 3K .0201. 

3L .0301 Size Limit (Lobster); deletes proclamation authority and establishes restrictions for American (Northern) 

Lobster. 

3L .0302 Activities Prohibited (Lobster); establishes restrictions for spiny lobster. 

3M .0202 Season, Size and Harvest limit: Internal Coastal Waters (Striped Bass); establishes size and creel limits 

for striped bass taken by hook-and-line in internal coastal waters. 

3M .0204 Season, Size and Harvest Limit: Atlantic Ocean (Striped Bass); establishes size and creel limits for 

striped bass taken by hook-and-line in the Atlantic Ocean. 

3M .0301 Spanish and King Mackerel; establishes size and creel limits for Spanish and king mackerel taken by 

hook-and-line. 

3M .0401 Menhaden; adds the Atlantic Ocean beaches off Southern Shores (Dare County) to areas where menhaden 



2396 NORTH CAROLINA REGISTER December 15, 1995 10:18 



RULE-MAKING AGENDA 



> 



fishing is restricted. 

3M .0501 Red Drum; establishes size and creel limits for red drum taken by hook-and-line. 

3M .0503 Flounder; requires license to land flounder taken from the Atlantic Ocean; establishes size and creel 

limits for flounder taken by hook-and-line and by gig; establishes fishing gear specifications for trawls; sets the 

season for taking flounders by trawls with requirements for closure when quota is reached. 

3M .0504 Trout; establishes size and creel limits for spotted seatrout and weakfish. 

3M .0506 Snapper-Grouper Complex; establishes size and creel limits for fish in the Snapper-Grouper complex 

taken by hook-and-line. 

3M .0507 Hook-and-line Fishing Restricted; establishes size and creel limits for several species of fish taken by 

hook-and-line. 

3M .0510 Eels; establishes permitting procedures for taking of undersize eels for aquaculture operations. 

3M .0511 Bluefish; establishes size and creel limits for bluefish taken by hook-and-line. 

3R .0003 Primary Nursery Areas; technical corrections to described areas. 

3R .0004 Permanent Secondary Nursery Areas; technical corrections to described areas. 

3R .0005 Special Secondary Nursery Areas; technical corrections to described areas. 

3R .0007 Designated Pot Areas; amends described areas to allow pots to be set outside designated areas in Pamlico, 

Pungo, Bay and Neuse Rivers and adjacent waters during the months of October, May and the first two weeks of 

June; increases designated pot areas in Bogue Sound. 

ADOPTIONS: 

31 .0018 Disposal of Evidence; to prohibit the practice of throwing illegal products over when an officer is 

approaching in order to not be cited. 

3J .0402 Fishing Gear Restrictions; establishes restrictions for use of fishing gear where conflicts have been 

identified. 

3M .0508 Compliance with Fishery Management Plans; establishes proceduresfor suspension of rules in order to 

comply with federal fishery management plans. 

APA #: N1573 

SUBJECT: Marine Fisheries Commission Rules 

RULE CITATION ft: 15A NCAC 3J .0403 

STATUTORY AUTHORITY: G.S. 113-134; 113-182; 113-221; 143B-289.4 

DIVISION/SECTION: MARINE FISHERIES 

DIVISION CONTACT: Juanita Gaskill 

DIVISION CONTACT TEL#: (919)726-7021 

DATE INITIATED: 10/18/95 

DURATION OF RULE: Permanent 3/1/96 Temporary 10/16/95 

TYPE OF RULE: Amendment 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Adoption of this rule will close a portion of the Neuse River to the taking of all marine and estuarine resources by 
any method. This closure is necessary because of the presence of Pfiesteria piscimorte, a toxic dinoflagellate which 
has caused fish kills and the unknown affects it has on humans. 



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RULE-MAKING PROCEEDING 



TITLE 4 - DEPARTMENT OF COMMERCE 

CHAPTER 6 - CREDIT UNION DIVISION 

SUBCHAPTER 6C - CREDIT UNIONS 

SECTION .0200 -ORGANIZATION OF CREDIT 
UNITS 

SECTION .0400 - LOANS 

Notice of Rule-making Proceeding is hereby given by 
the North Carolina Department of Commerce, Credit 
Union Division in accordance with G.S. 150B-21.2(b). The 
agency shall subsequently publish in the Register the text of 
the rule(s) it proposes to adopt as a result of this notice of 
rule-making proceeding and any comments received on this 
notice. 

Rule Citation: 4 NCAC 6C .0205, .0407, .0409 



(919) 850-2929. 



Statutory Authority for the rule-making: 

and 54-109.21 A(25) 



G.S. 54-109.12 



Statement of the Subject Matter: 

4 NCAC 6C .0205 - Restricted Activities of Directors, 

officials and employees, will be proposed as an amendment 

to clearly define loans to credit union officials, and provide 

regulations for board of directors review, avoidance of 

conflicts, and non-preferential treatment. 

4 NCAC 6C .0407 - Business Loans, will be proposed with 

amendments to maintain consistency with Federal Regulation 

12 CFR 701. 21 H, Member Business Loans, which apply to 

all federally insured credit unions. 

4 NCAC 6C .0409 - Loan Limitations, will be proposed for 

adoption to clearly define loan limitations for any type of 

credit union loans, and specifically other sections of which 

additional limitations will apply. 

Reason for Proposed Action: 4 NCAC 6C .0205 Restricted 
Activities of Directors: Officials: Employees have been 
interpreting and creating inconsistent policies and proce- 
dures among state chartered credit unions. The new action 
will make it easier to interpret and will allow consistency 
among credit union policies and procedures , and improve 
compliance. 4 NCAC 6C .0407 Business Loans, will be 
amended to be consistent with the Federal Regulation 
701.21 H, Member Business Loans, which is the regulation 
for all federally insured credit unions. 4 NCAC 6C .0409 
Loan Limitations is proposed to make the limitation applica- 
ble to all types of loans made in credit unions. The existing 
rule is hidden in the member business loans regulation. 

Comment Procedures: Written comments will be accepted 
through February 13, 1996. All comments are to be 
directed to: Mr. Antonio Knox, Credit Union Division, 1110 
Navaho Drive, Suite 300, Raleigh, NC 27609. Telephone 



TITLE 7 - DEPARTMENT OF CULTURAL 
RESOURCES 

CHAPTER 5 - U.S.S. NORTH CAROLINA 
BATTLESHD? COMMISSION 

SECTION .0200 - USE REGULATIONS 

Notice of Rule-making Proceeding is hereby given by 
the USS North Carolina Battleship Commission in 
accordance with G.S. 150B-21.2(b). The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceeding and any comments received on this notice. 

Rule Citation: 7 NCAC 5 .0200 

Statutory Authority for the rule-making: G.S. 143B-73 

Statement of the Subject Matter: To amend the relevant 
North Carolina Administrative Code to delete all reference 
to the Sound and Light Show, to modify the closing times of 
the Memorial and to change the number of escorts to 
accompany groups of students. 

Reason for Proposed Action: a. SOUND AND LIGHT 
SHOW: 1995 was the last year of production for the Sound 
and Light Show, having been retired because of age of the 
production, unreliability of the equipment and significant 
decline in patronage, b. HOURS OF CLOSING: During 
the year there are currently six different closing times which 
are confusing to visitors. The intent is to simplify it to two 
times, one for summer and one for the remainder of the 
year. c. NUMBER OF STUDENT ESCORTS: Intent is to 
make the escort to student ratio similar to that used at other 
local museums. 

Comment Procedures: Options concerning this proposed 
action must be submitted by February 13, 1996 to the 
Director, USS North Carolina Battleship Memorial, P. O. 
Box 480, Wilmington, NC 28402-0480. 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26B - MEDICAL ASSISTANCE 
PROVIDED 

SECTION .0100 - GENERAL 



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Notice of Rule-making Proceeding is hereby given by 
the DHR/Division of Medical Assistance in accordance 
with G.S. 150B-21.2(b). The agency shall subsequently 
publish in the Register the text of the rule(s) it proposes to 
adopt as a result of this notice of rule-making proceeding 
and any comments received on this notice. 



Rule Citation: 10 NCAC 26B .0105 

Statutory Authority for the rule-making: 

25(b); 108A-54; 42 CFR 440. 120 



G.S. 108A- 



Statement of the Subject Matter: Changes on this 
proposed rule are: (1) to specify that all visual aids must 
have prior approval; and (2) that "metal " eyeglass frames 
will now be shown as a covered option. 

Reason for Proposed Action: This is a cost containment 
measure for the Medicaid program. In addition to being a 
cost containment measure for the Medicaid program, this 
rule will provide additional selection of eyeglass frames and 
should encourage participation by providers and recipients 
alike in our visual aids programs. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted by March 4, 1996, to 
Portia Rochelle, APA Coordinator, Division of Medical 
Assistance, 1985 Umstead Drive, Raleigh, NC 27603. 

TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

Notice of Rule-making Proceeding is hereby given by 
the North Carolina Medical Care Commission in 
accordance with G.S. 150B-21.2(b). The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceeding and any comments received on this notice. 

Statutory Authority for the rule-making: G.S. 131E-162 

Statement of the Subject Matter: The North Carolina 
Medical Care Commission proposes to adopt new rules to 
codify the process of designation for Level 1, Level 11, and 
Level 111 Trauma Centers. This will include the definitions 
to be used, the criteria by which applications will be 
evaluated, and the designation process itself. 

Reason for Proposed Action: G.S. 131E-162 authorizes 
the Medical Care Commission to establish rules for a 
comprehensive trauma system in North Carolina. The rules 
for designation of trauma centers is the first phase of that 
process. Currently, the designation process is not codified. 

Comment Procedures: Persons who wish to make comment 



during the development of these Rules should contact: Ms. 
Sharon Rhyne, Hospital Consultant, NC Office of Emergency 
Medical Services, P.O. Box 29530, Raleigh, NC 27626- 
0530, Phone: (919) 733-2285, FAX: (919) 733-7021. 



TITLE 11 - DEPARTMENT OF INSURANCE 

CHAPTER 12 - LD7E AND HEALTH 
DIVISION 

SECTION .0500 - ACCIDENT AND 
HEALTH: GENERAL NATURE 

Notice of Rule-making Proceeding is hereby given by 
the NC Department of Insurance in accordance with 
G.S. 150B-21.2(b). The agency shall subsequently publish 
in the Register the text of the rule(s) it proposes to adopt as 
a result of this notice of rule-making proceeding and any 
comments received on this notice. 

Rule Citation: 11 NCAC 12 .0551 



Statutory Authority for the rule-making: 

58-51-1; 58-51-95 



G.S. 58-2-40; 



Statement of the Subject Matter: Establishes minimum 
benefit standards for issuers of cancer insurance. Cancer 
insurance is a form of health insurance providing reimburse- 
ment for treatment associated with the disease of cancer. 
Cancer insurance is a limited health insurance plan because 
diagnosis and medical treatment of the disease of cancer is 
the scope of covered expenses. 

Reason for Proposed Action: The current rule includes a 
two-year waiting period for health conditions previously 
diagnosed or treated. Pursuant to legislation recently 
enacted by the General Assembly (HB 230) to reduce the 
maximum pre-existing waiting period to one year, the rule 
must be amended to reflect this change. The amended rule 
sets forth the standard that first diagnosed cancer benefits 
shall be offered in conjunction with core benefits. When 
first diagnosed cancer is sold in the form of a single benefit, 
the policy generally terminates upon payment. The amend- 
ment will make first diagnosed benefits an enhancement to 
core benefits. 

Comment Procedures: Written comments and questions 
should be directed to Teresa Shackelford , 430 N. Salisbury 
Street, Raleigh, NC 27611 (919) 733-5060. 

****************** 



CHAPTER 16 



ACTUARIAL SERVICES 
DIVISION 



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Notice of Rule-making Proceeding is hereby given by 
the N.C. Department of Insurance in accordance with 
G.S. 150B-21.2(b). The agency shall subsequently publish 
in the Register the text of the rule(s) it proposes to adopt as 
a result of this notice of rule-making proceeding and any 
comments received on this notice. 



Rule Citation: 15 A NCAC 2B .0224, .0227, .0303 



Statutory Authority for the rule-making: 

214.1(d) 



G.S. 143- 



Rule Citation: 11 NCAC 16 .0703 

Statutory Authority for the rule-making: 

58-67- 135(b); 58-67-150 



G.S. 58-2-40; 



Statement of the Subject Matter: Triennial, rather than 
annual, claim reserve data filings from HMOs who have 
been in operation for more than three calendar years. 

Reason for Proposed Action: Review of HMO claim 
reserve data to date has shown that these entities are 
adequately reserved and know how to calculate claim 
reserves. For these entities the need for annual monitoring 
can be achieved via the annual statement rather than an 
annual data filing. An annual claim reserve data filing will 
still be required for HMOs that demonstrate the inability to 
set adequate claim reserves and for those HMOs that satisfy 
certain negative financial conditions that are recited within 
the code. The time and cost associated with preparing an 
annual claim reserve data filing will be saved by those 
HMOs who have been in operation for more than three 
calendar years. 

Comment Procedures: Written comments and questions 
should be directed to Walter James, 430 N. Salisbury Street, 
Raleigh, NC 27611, (919) 733-3284. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0200 - CLASSIFICATIONS AND 

WATER QUALITY STANDARDS APPLICABLE 

TO SURFACE WATERS OF NORTH CAROLINA 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

Notice of Rule-making Proceeding is hereby given by 
the Environmental Management Commission in accor- 
dance with G.S. 150B-21.2(b). The agency shall subse- 
quently publish in the Register the text of the rules it 
proposes to adopt as a result of this notice of rule-making 
proceeding and any comments received on this notice. 



Statement of the Subject Matter: The N. C. Department 
of Environment, Health and Natural Resources on behalf of 
the Environmental Management Commission (EMC) is 
seeking public comment on two management option propos- 
als for the Thorpe Reservoir watershed. Option number one 
proposes to reclassify Thorpe Reservoir and Hurricane Creek 
as HQW (High Quality Waters). The HQW management 
requirements (15 A NCAC 2B .0224) associated with 
wastewater discharges would apply to the entire watershed, 
but the sediment I erosion control requirements implemented 
by the Division of Land Resources for HQW would only 
apply to one mile and draining to the HQW designated 
waters (Thorpe Reservoir and Hurricane Creek). Option 
number two would not apply the HQW supplemental classifi- 
cation to Thorpe Reservoir and its tributaries, nor would it 
apply the sediment /erosion control requirements associated 
with HQW. Wastewater discharge requirements in Option 
number two would be identical to those in option number 
one. For both options, stormwater management require- 
ments would be implemented by the local government 
through their existing drinking water supply watershed 
protection program. 

Reason for Proposed Action: To apply appropriate water 
quality management strategy to Thorpe Reservoir watershed 
in Jackson County (Little Tennessee River Basin). 

Comment Procedures: Public comment is being sought 
with this pre-notice on the proposal. Following this com- 
ment period the Department intends to notice a public 
hearing to be conducted on this proposal. The purpose of 
this announcement is to encourage those interested in this 
proposal to provide comments. Written comments, data or 
other relevant information relevant to this proposal must be 
submitted by February 13, 1996 to: Steve Zoufaly, 
DEHNR/Division of Environmental Management , P.O. Box 
29535, Raleigh, NC 27626-0535, (919) 733-5083, extension 
566. 



TrTLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 32 - BOARD OF MEDICAL EXAMINERS 

SUBCHAPTER 32H - EMERGENCY MEDICAL 
SERVICES ADVANCED LIFE SUPPORT 

Notice of Rule-making Proceeding is hereby given by 
the North Carolina Medical Board in accordance with 
G.S. 150B-21.2(b). The agency shall subsequently publish 
in the Register the text of the rule(s) it proposes to adopt as 
a result of this notice of rule-making proceeding and any 



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RULE-MAKING PROCEEDING 



comments received on this notice. 



Rule Citation: 21 NCAC 32H 



Statutory Authority for the rule-making: G.S. 143-514 

Statement of the Subject Matter: The North Carolina 
Medical Board proposes to amend appropriate sections of 
the Rules for Advanced Life Support (ALS) Programs (21 
NCAC 32H) to add several medications to the approved list 
for use by ALS Professionals. The rules will also be 
amended to allow Physician Assistants (PA) and Nurse 
Practitioners (NP) to function in the same medical direction 
role as Mobile Intensive Care Nurses (MICN). 



Reason for Proposed Action: The Board as certifying 
authority for Substance Abuse Professionals needs rules to 
inform the public concerning its purpose, organization, 
powers and duties. Furthermore it needs to make public its 
rules regarding all aspects of the certification process, 
standards of practice and discipline. 

Comment Procedures: Comments regarding this notice 
must be received by 5:00 p.m. on February 13, 1996. 
Written comments will be mailed to: Mr. Jim Scarborough, 
North Carolina Substance Abuse Professionals, Certification 
Board, P. O. Box 10126, Raleigh, NC 27605. 



Reason for Proposed Action: Medications will be added 
to the list of available medications for use by ALS Profes- 
sionals to bring the list up to current medical practice. PA 's 
and NP's will be allowed to give on-line medical direction 
to ALS Professionals in the out-of-hospital setting to allow 
sponsor hospitals to more effectively handle the volume of 
calls. 

Comment Procedures: Persons who wish to make comment 
during the development of these rules should contact: Mr. 
Ed Browning, Assistant Chief - Education, NC Office of 
Emergency Medical Services, PO Box 29530, Raleigh, North 
Carolina 27626-0530, Tele: (919) 733-2285, FAX: (919) 
733-7021. 

****************** 

NORTH CAROLINA SUBSTANCE ABUSE 
PROFESSIONALS CERTIFICATION BOARD 

Notice of Rule-making Proceeding is hereby given by 
the North Carolina Substance Abuse Professionals 
Certification Board in accordance with G.S. 150B-2 1.2(b). 
The agency shall subsequently publish in the Register the 
text of the rule(s) it proposes to adopt as a result of this 
notice of rule-making proceeding and any comments 
received on this notice. 

Rule Citation: 21 NCAC 68 

Statutory Authority for the rule-making: G.S. 90, Article 
5C 

Statement of the Subject Matter: The rules that will be 
submitted will include a definitions section while covering 
the areas of Board purpose , composition, powers and duties; 
the certification process which will include standards, fees, 
examinations, general requirements and exemptions; rules 
governing practice, procedures, and grounds for discipline, 
including the penalties imposed upon those engaged in 
illegal practice; and rules further refining the Board's 
ethical guidelines. 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



ijni 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. 
Pursuant to G.S. 150B-2 1.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of 
rule-making proceedings for a permanent rule that does not differ substantially from the published temporary rule. 



I 



TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 

Rule-making Agency: Social Services Commission 

Rule Citation: 10 NCAC 49C .0107 

Effective Date: December 1, 1995 

Findings Reviewed by the Codifier of Rules: Approved 

Statutory Authority for the rule-making: G.S. 108A-39.1; 143B-153; 45 CFR 233.120 

Reason for Proposed Action: The proposed rule in Subchapter 49C is needed in order to provide necessary flexibility to 
adjust reimbursements for covered EA senices to achieve the necessary reduction of expenditures to stay within anticipated 
federal funding while protecting covered services to the maximum extent possible. This requires adoption of 10 NCAC 49C 
.0107. 

Comment Procedures: Anyone wishing to comment on this Rule contact: Shamese Ransome, Special Assistant to the 
Director, Division of Social Services, 325 N. Salisbury Street, Raleigh, NC 27603, (919) 733-3055. 

CHAPTER 49 - AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC) 

SUBCHAPTER 49C - EMERGENCY ASSISTANCE 

SECTION .0100 - COVERAGE 

.0107 LIMITATIONS 

(a) Reimbursements for covered emergencies may be limited in the event that the Director of the Budget fmds that Federal 
and state funds are insufficient to continue current service levels. 

(b) Ln applying such limitations, priority for reimbursements shall be set by the Secretary of the Department of Human 
Resources together with the Social Services Commission. 

History Note: Authority G.S. 108A-39.1: 143B-153; 45 C.F.R. 233.120; 
Temporary Adoption Eff. December 1 , 1995. 



♦ 



♦ 



2402 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



RULES REVIEW COMMISSION 



1 his Section contains a listing of the rules to be reviewed by the Rules Review Commission (RRC) at the next meeting 
date as noted, and rules that RRC has objected to in accordance with G.S. 150B-21.9(a). State agencies are required 
to respond to RRC objections as provided in G.S. 150B-21. 12(a). 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Marvea D. Francis 

Teresa L. Smallwood 

Charles H. Henry 

Philip O. Redwine - Vice Chairman 



Appointed by House 

Vernice B. Howard 

Jennie J. Hayman - Chairman 

Brent E. Wood 

Laurence Colbert 



LOG OF FILINGS 
MEETING DATE: DECEMBER 21, 1995 

RULES SUBMITTED: OCTOBER 20, 1995 THROUGH NOVEMBER 20, 1995 



i 



AGENCY/DIVISION RULE NAME 


ACTION 


RULE CITATION 


DHR/MENTAL HEALTH 








Effect of This Section 


Amend 


10 NCAC 


14C .1001 


Memorandum of Agreement 


Amend 


10 NCAC 


14C .1002 


Budget Form 


Repeal 


10 NCAC 


14C .1003 


Reports Required 


Amend 


10 NCAC 


14C .1004 


Annual Audit Report 


Amend 


10 NCAC 


14C .1005 


Budget Revisions 


Amend 


10 NCAC 


14C .1006 


Invoices 


Repeal 


10 NCAC 


14C .1008 


Contract Requirements 


Amend 


10 NCAC 


14C .1010 


Fund Reporting 


Amend 


10 NCAC 


14C .1011 


Denial, Delay 


Amend 


10 NCAC 


14C .1012 


Recovery of Division Funds 


Amend 


10 NCAC 


14C .1013 


Expenditure of Division Funds 


Amend 


10 NCAC 


14C .1014 


Fund Balance 


Amend 


10 NCAC 


14C .1015 


Disposition 


Adopt 


10 NCAC 


14C .1016 


Start Up Funding 


Adopt 


10 NCAC 


14C .1017 


Area Authority 


Adopt 


10 NCAC 


14C .1018 


Method of Payment 


Amend 


10 NCAC 


14C .1101 


Request for Funds 


Amend 


10 NCAC 


14C .1102 


Area Matching Funds 


Repeal 


10 NCAC 


14C .1103 


Funding Group Homes 


Repeal 


10 NCAC 


14C .1104 


Funding Early Intervention 


Repeal 


10 NCAC 


14C .1105 


Community Substance Abuse Funds 


Repeal 


10 NCAC 


14C .1107 


South Central Regional Alcoholism 


Repeal 


10 NCAC 


14C .1110 


Fund Reporting 


Repeal 


10 NCAC 


14C .1111 


Early Intervention 


Amend 


10 NCAC 


14C .1114 


Funding Group Homes 


Repeal 


10 NCAC 


14C .1115 


Funds for Mental Retardation 


Repeal 


10 NCAC 


14C .1116 


Grant-in-Aid 


Repeal 


10 NCAC 


14C .1117 


Specialized Community Res. Care 


Repeal 


10 NCAC 


14C .1118 


Mental Retardation Community 


Repeal 


10 NCAC 


14C .1119 


Community Demonstration Project Funds 


Repeal 


10 NCAC 


14C .1120 


Social Service Block Grant Funds 


Repeal 


10 NCAC 


14C .1121 


Division Funds 


Amend 


10 NCAC 


14C .1123 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2403 



RULES REVIEW COMMISSION 



Fund Balance 


Repeal 


10 NCAC 


14C .1125 


Funding Group Homes 


Repeal 


10 NCAC 


14C .1126 


Group Homes 


Repeal 


10 NCAC 


14C .1127 


Apartment Living 


Repeal 


10 NCAC 


14C .1128 


Substitute Family Care 


Repeal 


10 NCAC 


14C .1129 


Respite Care 


Repeal 


10 NCAC 


14C .1130 


Funds for Community Alcohol 


Repeal 


10 NCAC 


14C .1131 


Funding Alcohol Schools 


Amend 


10 NCAC 


14C .1133 


Funds for Multidisciplinary 


Amend 


10 NCAC 


14C .1134 


Funds for Forensic Screening 


Amend 


10 NCAC 14C .1135 


Funds for Assaultive Children 


Amend 


10 NCAC 


14C .1136 


Funding Drug Education Schools 


Amend 


10 NCAC 


14C .1137 


Community Support Services 


Repeal 


10 NCAC 


14C .1138 


Funds for Treatment 


Repeal 


10 NCAC 


14C .1139 


Community Mental Health Services 


Amend 


10 NCAC 


14C .1140 


Continuity of Care 


Repeal 


10 NCAC 


14C .1141 


Allocation of Outpatient Commitment 


Repeal 


10 NCAC 


14C .1142 


South Central Deinstifutional 


Repeal 


10 NCAC 


14C .1143 


Replacement of Block Grant 


Repeal 


10 NCAC 


14C .1144 


Developmental Day Care 


Repeal 


10 NCAC 


14C .1145 


Residential Facilities 


Repeal 


10 NCAC 


14C .1146 


Early Intervention 


Repeal 


10 NCAC 


14C .1147 


Thomas S. Community Services 


Amend 


10 NCAC 


14C .1148 


Path Homeless Grant 


Adopt 


10 NCAC 


14C .1149 


Governor's Substance Abuse 


Adopt 


10 NCAC 


14C .1150 


Carolina Alternatives 


Adopt 


10 NCAC 


14C .1151 


Clozapine 


Adopt 


10 NCAC 


14C .1152 


Communicable Disease 


Adopt 


10 NCAC 


14C .1153 


Treatment Alternatives for Women 


Adopt 


10 NCAC 


14C .1154 


Unit Cost Reimbursement 


Adopt 


10 NCAC 


14C .1155 


Substance Abuse Prevention 


Adopt 


10 NCAC 


14C .1156 


Non Unit Cost 


Adopt 


10 NCAC 


14C .1157 


Traumatic Brain Injury 


Adopt 


10 NCAC 


14C .1158 


Revolving Loan 


Adopt 


10 NCAC 


14C .1159 


Domiciliary Care 


Adopt 


10 NCAC 


14C .1160 


Use of Division Funds 


Amend 


10 NCAC 14D .0006 


Persons Who May Sign Consent 


Amend 


10 NCAC 


18D .0209 


Scope 


Amend 


10 NCAC 


18F .0115 


Definitions 


Amend 


10 NCAC 


18F .0116 


Eligibility for Training 


Amend 


10 NCAC 


18F .0117 


DHR/COMM1SSION FOR THE BLIND 








Benefits 


Amend 


10 NCAC 


19G .0501 


Economic Needs Policies 


Amend 


10 NCAC 


19G .0502 


Order of Selection 


Amend 


10 NCAC 


19G .0603 


Implementation of Order 


Adopt 


10 NCAC 


19G .0606 


Determination of Order 


Adopt 


10 NCAC 


19G .0607 


Priority Categories 


Adopt 


10 NCAC 


19G .0608 


Procedures 


Adopt 


10 NCAC 


19G .0609 


Post Employment Services 


Adopt 


10 NCAC 


19G .0610 


Case Finding 


Adopt 


10 NCAC 


19G .0611 


Third-Party Funding 


Adopt 


10 NCAC 


19G .0612 


Request for Adm. Review 


Amend 


10 NCAC 


19G .0803 


Appointment of Hearing Officer 


Amend 


10 NCAC 


19G .0806 


Disqualification of Hearing Officer 


Amend 


10 NCAC 


19G .0817 


Division Director's Review 


Amend 


10 NCAC 


19G .0823 



2404 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



RULES REVIEW COMMISSION 



) 



) 



> 



DHR/DIVISION OF MEDICAL ASSISTANCE 








Exceptions to DRG Reimbursement 


Amend 


10 NCAC 26H 


.0212 


Disproportionate Share Hospitals 


Amend 


10 NCAC 26H 


.0213 


Income 


Amend 


10 NCAC 50B . 


0313 


DEPARTMENT OF LABOR 








Introduction 


Adopt 


13 NCAC 18 .0101 


Definitions 


Adopt 


13 NCAC 18 .0102 


Licensing Procedures 


Adopt 


13 NCAC 18 .0103 


Surety Bonds 


Adopt 


13 NCAC 18 .0104 


Contracts 


Adopt 


13 NCAC 18 .0105 


Records 


Adopt 


13 NCAC 18 .0106 


Advertising 


Adopt 


13 NCAC 18 .0107 


Prohibited Acts 


Adopt 


13 NCAC 18 .0108 


Review of Job Listing 


Adopt 


13 NCAC 18 .0109 


Penalty 


Adopt 


13 NCAC 18 .0110 


DEHNR/ENVIRONMENTAL MANAGEMENT COMMISSION 








Fresh Surface Water Quality 


Amend 


15A NCAC 2B 


.0214 


Fresh Surface Water Quality 


Amend 


15A NCAC 2B 


.0215 


Outstanding Resource Waters 


Amend 


15A NCAC 2B 


.0225 


Water Quality Mgmt. Plans 


Amend 


15A NCAC 2B 


.0227 


Effluent Channels 


Amend 


15A NCAC 2B 


.0228 


DEHNR/COASTAL RESOURCES COMMISSION 








Purpose 


Amend 


15 A NCAC 7B 


.0101 


Contents of Land Use Plan 


Amend 


15A NCAC 7B 


.0201 


Executive Summary 


Adopt 


15A NCAC 7B 


.0202 


Introduction 


Adopt 


15A NCAC 7B 


.0203 


Goals and Objectives 


Adopt 


15A NCAC 7B 


.0204 


Relationship of Policies 


Repeal 


15A NCAC 7B 


.0205 


Data Collection 


Amend 


15A NCAC 7B 


.0206 


Present Conditions 


Adopt 


15A NCAC 7B 


.0207 


Contents of Land Use Plan 


Repeal 


15A NCAC 7B 


.0208 


Contents of Executive Summary 


Repeal 


15A NCAC 7B 


.0209 


Constraints 


Adopt 


15A NCAC 7B 


.0210 


Estimated Demands 


Adopt 


15A NCAC 7B 


.0211 


Policy Statements 


Amend 


15A NCAC 7B 


.0212 


Land Classification 


Amend 


15A NCAC 7B 


.0213 


Intergovernmental Coordination 


Amend 


15A NCAC 7B 


.0214 


Public Participation 


Amend 


15A NCAC 7B 


.0215 


Plan Review 


Amend 


15A NCAC 7B 


.0216 


Land Use Plan Amendment 


Amend 


15A NCAC 7B 


.0401 


Public Hearing Required 


Amend 


15A NCAC 7B 


.0402 


Notice 


Amend 


15A NCAC 7B 


.0403 


Waiver of Formal Review 


Amend 


15A NCAC 7B 


.0404 


Consistency and Adoption 


Amend 


15A NCAC 7B 


.0405 


Standards for Waiver 


Amend 


15A NCAC 7B 


.0406 


Update Required 


Amend 


15A NCAC 7B 


.0501 


Purpose of Update 


Amend 


15A NCAC 7B 


.0502 


Data Collection 


Amend 


15A NCAC 7B 


.0503 


Amendment to Maps 


Amend 


15A NCAC 7B 


.0504 


Format of Plan Update 


Amend 


15A NCAC 7B 


.0505 


Review and Approval 


Adopt 


15A NCAC 7B 


.0506 


Official Copy of Plan 


Amend 


15A NCAC 7B 


.0507 



DEHNR/WILDLIFE RESOURCES COMMISSION 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2405 



RULES REVIEW COMMISSION 



License Required 


Repeal 


15A NCAC 10H .0701 


Type of Facility 


Repeal 


15A NCAC 


10H .0703 


Display of License 


Repeal 


15A NCAC 


10H .0704 


Acquisition of Fish 


Repeal 


15A NCAC 


10H .0705 


Inspection of Facilities 


Repeal 


15A NCAC 


10H .0706 


Sale of Fish 


Repeal 


15A NCAC 


10H .0707 


Records 


Repeal 


15A NCAC 10H .0708 


DEHNR7COMMISSION FOR HEALTH SERVICES 








Identification 


Amend 


15A NCAC 


13A .0006 


Standards 


Adopt 


15A NCAC 


13A .0019 


General 


Amend 


15A NCAC 


16A .1001 


Covered Medications 


Adopt 


15A NCAC 


16A .1002 


Medical Eligibility 


Adopt 


15A NCAC 


16A .1003 


Financial Eligibility 


Adopt 


15A NCAC 


16A .1004 


Application Process 


Adopt 


15A NCAC 


16A .1005 


Definitions 


Amend 


15A NCAC 


18A .1801 


Permits 


Amend 


15A NCAC 


18A .1802 


Public Display 


Amend 


15A NCAC 


18A .1803 


Inspections 


Amend 


15A NCAC 


18A .1804 


Inspection Forms 


Amend 


15A NCAC 


18A .1805 


Grading 


Amend 


15A NCAC 


18A .1806 


Approved Lodging 


Amend 


15A NCAC 


18A .1807 


Lobby: Halls 


Amend 


15A NCAC 


18A .1808 


Lavatories and Baths 


Amend 


15A NCAC 


18A .1809 


Water Supply 


Amend 


15A NCAC 


18A .1810 


Drinking Water Facilities 


Amend 


15A NCAC 


18A .1811 


Guest Rooms 


Amend 


15A NCAC 


18A .1812 


Storage and Laundry Facilities 


Amend 


15A NCAC 


18A .1813 


Disposal of Garbage 


Amend 


15A NCAC 


18A .1814 


Plan Review 


Amend 


15A NCAC 


18A .1818 


Definitions 


Amend 


15A NCAC 


18A .2601 


Permits 


Amend 


15A NCAC 


18A .2602 


Cleaning of Equipment 


Amend 


15A NCAC 


18A .2618 


Toilet Facilities 


Amend 


15A NCAC 


18A .2624 


Storage Spaces 


Amend 


15A NCAC 18A .2632 


Requirements for Temp. Food 


Amend 


15A NCAC 


18A .2635 


Requirements for Temp. Restaurants 


Repeal 


15A NCAC 


18A .2636 


Certification 


Amend 


15A NCAC 20D .0233 


Criteria and Procedures 


Amend 


15A NCAC 20D .0234 


Certification 


Amend 


15A NCAC 20D .0236 


Chemistry Methodology 


Amend 


15A NCAC 20D .0241 


Chemistry Sample Collection 


Amend 


15A NCAC 20D .0242 


Chemistry Quality Assurance 


Amend 


15A NCAC 20D .0243 


Microbiological Equipment 


Amend 


15A NCAC 20D .0247 


Microbiology General Lab 


Amend 


15A NCAC 20D .0248 


Microbiology Methodology 


Amend 


15A NCAC 20D .0249 


Microbiology Sample Collection 


Amend 


15A NCAC 20D .0250 


Microbiology Quality Assurance 


Amend 


15A NCAC 20D .0251 


Microbiology Data 


Amend 


15A NCAC 20D .0252 


General 


Amend 


15ANCAC 21F .1101 


Allocation of Funds 


Amend 


15A NCAC 21F .1102 


Eligibility 


Amend 


15A NCAC 21F .1103 


Services 


Amend 


15A NCAC 21F .1105 


Definitions 


Amend 


15A NCAC 24A .0102 


Determination 


Amend 


15 A NCAC 24A .0202 


Annual Net Family Income 


Amend 


15A NCAC 24A .0203 



2406 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



RULES REVIEW COMMISSION 



Income Documentation 



Amend 



15A NCAC 24A .0301 



1 



> 



) 



DEPARTMENT OF TRANSPORTATION 

General Regulations 

NC STATE BOARD OF COSMETIC ART EXAMINERS 

Approval of Credit 

Applicants Licensed as Teachers 

Requirements 

Use of an Interpreter 

Special Arrangements 

Failure to Appear 

Review of Exam 

NC BOARD OF DIETETICS/NUTRITION 

Suspension 

Violations 

Definitions 

NC MEDICAL BOARD 

Emergency Medical Services 

Scope of Practice 

Nurse Practitioner Approval 

Requirements 

Inactive Status 

Prescribing Authority 

Physician Supervision 

Method of Identification 

Disciplinary Action 

Fees 

NC BOARD OF MORTUARY SCIENCE 

Establishment of Courses 
Preneed Sales License 
Record and Bookkeeping Req. 

NC BOARD OF NURSING 

Selection and Qualifications 

Inactive Status 

Reinstatement of Lapsed License 

Duplicate Certificate 

Licensure by Exam 

Census of Nursing Personnel 

Revocation 

Licensure Without Exam 

Temporary License 

License Required 

Components of Nursing Practice 

Approval and Practice Parameters 

Faculty 

Students 

Facilities 

NC PSYCHOLOGY BOARD 

Information Required 
Senior Psychologist 
HSP-P Requirements 



Amend 



19A NCAC 2D .0415 



Amend 


21 NCAC 14J .0502 


Repeal 


21 NCAC 14L .0301 


Repeal 


21 NCAC 14L .0302 


Repeal 


21 NCAC 14N .0106 


Amend 


21 NCAC 14N .0107 


Amend 


21 NCAC 14N .0108 


Amend 


21 NCAC 14N .0112 


Amend 


21 NCAC 17 .0112 


Amend 


21 NCAC 17 .0116 


Amend 


21 NCAC 17 .0201 


Adopt 


21 NCAC 32H .0506 


Amend 


21 NCAC 32M .0002 


Amend 


21 NCAC 32M .0003 


Amend 


21 NCAC 32M .0004 


Amend 


21 NCAC 32M .0007 


Amend 


21 NCAC 32M .0008 


Amend 


21 NCAC 32M .0009 


Amend 


21 NCAC 32M .0010 


Amend 


21 NCAC 32M .0011 


Amend 


21 NCAC 32M .0012 


Amend 


21 NCAC 34B .0401 


Amend 


21 NCAC 34D .0202 


Amend 


21 NCAC 34D .0301 


Amend 


21 NCAC 36 .0109 


Amend 


21 NCAC 36 .0202 


Amend 


21 NCAC 36 .0203 


Amend 


21 NCAC 36 .0209 


Amend 


21 NCAC 36 .0211 


Amend 


21 NCAC 36 .0216 


Amend 


21 NCAC 36 .0217 


Amend 


21 NCAC 36 .0218 


Amend 


21 NCAC 36 .0219 


Amend 


21 NCAC 36 .0221 


Amend 


21 NCAC 36 .0225 


Adopt 


21 NCAC 36 .0227 


Amend 


21 NCAC 36 .0318 


Amend 


21 NCAC 36 .0320 


Amend 


21 NCAC 36 .0322 


Amend 


21 NCAC 54 .1701 


Adopt 


21 NCAC 54 .1707 


Amend 


21 NCAC 54 .2704 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2407 



RULES REVIEW COMMISSION 



HSP-PP Requirements 
HSP-PA Requirements 

NC STATE BOARD OF COMMUNITY COLLEGES 

Local College Personnel Policies 
Admission to Colleges 
Instructions 



Amend 


21 NCAC 54 


.2705 


Amend 


21 NCAC 54 


.2706 


Amend 


23 NCAC 2C 


.0210 


Amend 


23 NCAC 2C 


.0301 


Amend 


23 NCAC 2E 


.0403 



RULES REVIEW OBJECTIONS 



AGRICULTURE 

Structural Pest Control Division 

2 NCAC 34 .0904 - Prohibited Acts 
Agency Revised Rule 

HUMAN RESOURCES 



RRC Objection 
Obj. Removed 



10/18/95 
10/18/95 



Facility Services 

10 NCAC 3C .3001 - Definitions 
No Response from Agency 
Agency Revised Rule 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3C .3108 - Suspension of Admissions 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3205 - Discharge of Minor or Incompetent 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3302 - Minimum Provisions of Patient's Bill of Rights 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .3502 - Bylaws 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3602 - Responsibilities 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3603 - Personnel Policies and Practices 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3607 - Personnel Health Requirements 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3608 - Insurance 

No Response from Agency 

Agency Rexised Rule 
10 NCAC 3C .3704 - Status 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3902 - Manager 

No Response from Agency 



RRC 


' Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Cont 'd 


10/18/95 




Eff 


01/01/96 


RRC 


' Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Removed 


10/18/95 


RRC 


' Objection 


07/13/95 


Obj. 


Cont 'd 


09121195 


Obj. 


Removed 


10/18/95 


RRC 


' Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Cont 'd 


10/18/95 




Eff. 


01/01/96 


RRC 


Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Removed 


10/18/95 


RRC 


Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Removed 


10/18/95 


RRC 


' Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Removed 


10/18/95 


RRC 


Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Removed 


10/18/95 


RRC 


Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Removed 


10/18/95 


RRC 


Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Removed 


10/18/95 


RRC 


Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 



2408 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



RULES REVIEW COMMISSION 



y 



) 



> 



Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3C .3904 - Patient Access 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4003 - Policies and Procedures 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C . 4102 - Classification of Optional Emergency Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4104 - Medical Director 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4203 - Nursing Staff 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4303 - Nursing Services Maternal Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4307 - Nursing Staff of Neonatal Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4401 - Organization 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4502 - Pharmacist 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4508 - Space 

RRC Rescinded its July Approval 

Rule Withdrawn by Agency 
10 NCAC 3C .4512 - Medications Dispensed 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4702 - Organization 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4703 - Sanitation and Safety 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4704 - Distribution of Food 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4705 - Nutritional Support 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C . 4801 - Organization 



Eff 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



Eff 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



Eff 



Eff. 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



RRC Objection 



Eff 



10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 

10/18/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2409 



RULES REVIEW COMMISSION 



No Response from Agency- 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3C .4905 - Tissue Removal and Disposal 
No Response from Agency 
Agency Revised Rule 

10 NCAC 3C .5002 - Delivery of Care 
No Response from Agency- 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3C .5201 - Psychiatric/Substance Abuse Svcs.: Applicability of Rules 
No Response from Agency- 
Agency Re\'ised Rule 

10 NCAC 3C .5202 - Definitions Applicable/Psychiatric/Substance Abuse Svcs. 
No Response from Agency 
Agency Revised Rule 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3C .5205 - Seclusion 
No Response from Agency- 
Agency Revised Rule 

10 NCAC 3C .5302 - Definitions 
No Response from Agency- 
Rule Withdrawn by Agency 

10 NCAC 3C .5309 - Nursing /Health Care Administration and Supervision 
No Response from Agency- 
Rule Withdrawn by Agency 

10 NCAC 3C .5315 - Dental Care 
No Response from Agency- 
Rule Withdrawn by Agency 

10 NCAC 3C .5318 - Activities and Recreation 
No Response from Agency- 
Rule Withdrawn by Agency 

10 NCAC 3C .5319 - Social Services 
No Response from Agency- 
Rule Withdrawn by Agency 

10 NCAC 3C .5322 - Brain Injury Extended Care Physician Services 
No Response from Agency- 
Rule Withdrawn by Agency 

10 NCAC 3C .5323 - Brain Injury Extended Care Program Requirements 
No Response from Agency 
Rule Withdrawn by Agency 

10 NCAC 3C .5324 - Special Nursing Req. Brain Injury Long Term Care 
No Response from Agency- 
Rule Withdrawn by Agency 

10 NCAC 3C .5325 - Ventilator Dependence 
No Response from Agency- 
Rule Withdrawn by Agency 

10 NCAC 3C .5326 - Physician Sen-ices for Ventilator Dependent Patients 
No Response from Agency- 
Rule Withdrawn by Agency 

10 NCAC 3C .5403 - HIV Designated Unit Policies and Procedures 
No Response from Agency- 
Rule Withdrawn by Agency 

10 NCAC 3C .5405 - Physician Sen-ices in a H TV Designated Unit 
No Response from Agency- 
Rule Withdrawn by Agency 

10 NCAC 3C .5407 - Use of Investigational Drugs on the HIV Designated Unit 



Obj. Cont'd 



RRC Objection 
Obj. Contd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



Eff. 



Eff 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 



Eff. 



09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 



2410 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



RULES REVIEW COMMISSION 



> 



> 



> 



No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5501 - Definitions 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5502 - Physician Reg. for Inpatient Rehab. Facilities or Units 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5507 - Comprehensive Rehabilitation Personnel Administration 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5508 - Comprehensive Inpatient Rehab. Program Staffing Req. 

No Response from Agency 

Rule Wtihdrawn by Agency 
10 NCAC 3C .5512 - Additional Req. for Traumatic Brain Injury Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5513 - Additional Req. for Spinal Cord Injury Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .6102 - List of Referenced Codes and Standards 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .6208 - Obstetrical Department Requirements 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .2001 - Definitions 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2201 - Administrator 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2202 - Admissions 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2203 - Patients Not to be Admitted 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2206 - Medical Director 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2209 - Infection Control 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .2212 - Quality Assurance Committee 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2301 - Patient Assessment and Care Planning 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 



Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2411 



RULES REVIEW COMMISSION 



10 NCAC 3H .2302 - Nursing Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2308 - Domiciliary Home Personnel Requirements 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2401 - Maintenance of Medical Records 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2501 - Availability of Physician's Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2505 - Brain Injury Long-Term Care Physician Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2506 - Physician Services for Ventilator Dependent Patients 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2601 - Availability of Pharmaceutical Services 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2604 - Drug Procurement 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .2605 - Drug Storage and Disposition 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2606 - Pharmaceutical Records 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2607 - Emergency Drugs 

No Response from Agency 

Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2701 - Provision of Nutrition and Dietetic Services 

No Response from Agency- 
Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2801 - Activity Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2802 - Social Services 

No Response from Agency 

Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3002 - Quality of Specialized Rehabilitation Services 

No Response from Agency 



RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Cont'd 




10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Removed 




10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Cont'd 




10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 



2412 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



RULES REVIEW COMMISSION 



> 



> 



) 



Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .3003 - Ventilator Dependence 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
JO NCAC 3H .3004 - Brain Injury Long-Term Care 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3005 - Special Nursing Req. for Brain Injury Long-Term Care 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3011 - HIV Designated Unit Policies and Procedures 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3012 - Physician Services in an HTV Designated Unit 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3013 - Special Nursing Requirements for an HTV Designated Unit 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3015 - Use of Investigational Drugs for HIV Designated Units 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3016 - Additional Social Work Req. for HIV Designated Units 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3021- Physician Req. for Inpatient Rehab. Facilities or Units 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3027 - Comprehensive Inpatient Rehab. Program Staffing Req. 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3031 - Additional Req. for Spinal Cord Injury Patients 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3103 - Site 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3201 - Required Spaces 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3401 - Heating and Air Conditioning 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3404 - Other 

No Response from Agency 



Effi 



RRC Objection 
Obj. Cont'd 



Effi 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 



Effi 



Effi 



Effi 



RRC Objection 
Obj. Cont'd 



Effi 



RRC Objection 
Obj. Cont'd 



Effi 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



Effi 



RRC Objection 
Obj. Cont'd 



Effi 



Effi 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



Effi 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



Effi 



10/18/95 
01/01/96 

07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2413 



RULES REVIEW COMMISSION 



Agency Revised Rule 



Obj. Removed 



10/18/95 



.0110, 
0901 - 
.1606, 



.0201 - .0203, .0301 - .0307, 
.0917, .1001 - .1006, .1101 - 
.1701 - .1717, .1801 - .7505, 



0401 - .0407, 
1102, .1201 - 
2101 - .2105. 



RRC has Objected on 07/13/95 to the Following Repeals in 10 NCAC 3C and 10 NCAC 3H: 

10 NCAC 3C .0101 - .0102. .0104 - 

.0701 - .0708, .0801 - .0805, .0807, 

. 1405, . 1501 - . 1508, . 1510, . 1601 - 

No Response from Agency 

10 NCAC 3C . 1901 - . 1912, . 1915 - 

No Response from Agency 

Rules Returned to Agency 
10 NCAC 3H .0108 - .0109, .0206 - 
.0705 - .0712, .0810 - .0812, .0903 - 
. 1210, . 1306 - . 1308, . 1405 - . 1406, 

No Response from Agency 



0501 
1204, 



.0505, 
1301 - 



1932, .2001 - .2008, .2020 - .2033 



Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



.0220, .0306 - .0318, .0407 - 
.0911, .1003 - .1008, .1105 - 
.1408- .1410, .1501 - .1503, 



0901 - Definitions 
1004 - Evaluation 

Nursing Services and Duties 
Physical Therapy Services 
Occupational Therapy Services 
Medical Social Work Services 
10 NCAC 3L .1108 - Infusion Nursing Services 
10 NCAC 3L .1109 - Clinical Respiratory Svcs, Including Pulmonary, 



10 NCAC 3L 
10 NCAC 3L 
10 NCAC 3L .1102 
10 NCAC 3L .1103 
10 NCAC 3L .1105 
10 NCAC 3L .1106 



.0409, .0505 - .0507, .0510 - .0517, 
.1109, .1130 - .1136, .1150- .1163, 
.1612 - .1613, .1703 - .1704, .1804 ■ 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
or Ventilation Svcs RRC Objection 



10 NCAC 3L .1110 - Supvn/Competencylln-Home Aides/Other In-Home Care Providers RRC Objection 
10 NCAC 3L .1202 - Case Review and Plan of Care RRC Objection 

10 NCAC 3L .1402 - Content of Record RRC Objection 



.0601 - .0604, 
. 1303, . 1401 - 

09/21/95 

10/18/95 

07/13/95 

09/21/95 

10/18/95 

.0605 - .0609, 

. 1204 - . 1208, 

. 1807. 

09/21/95 
10/18/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 



Medical Assistance 

10 NCAC 261 .0101 - Purpose and Scope 

Rule Returned to Agency 
10 NCAC 261 .0102 - Requests for Formal and Informal Appeals 

Rule Returned to Agency 
10 NCAC 261 .0103 - Time Limits on Requests for Recipient/Applicant Informal Appeals 

Rule Returned to Agency 
10 NCAC 261 .0106 - Payment Pending Appeals 

Rule Returned to Agency 
10 NCAC 261 .0107 - Dismissal of Appeal 

Agency Revised Rule 

JUSTICE 

N.C. Sheriffs' Education and Training Standards Commission 

12 NCAC 10B .0102 - Purpose 

Agency Repealed Rule 
12 NCAC 10B .0503 - Time Req/Completion/Basic Law Enforcement Training Course 

Agency Revised Rule 
12 NCAC 10B .0602 - Time Req/Completion/ /Jailer Cert Training Course 

Agency Revised Rule 
12 NCAC 10B .0605 - Completion of Jailer Certification Course 

Agency Revised Rule 
12 NCAC 10B .0704 - Responsibilities: School Directors 

Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 



RRC Objection 
Obj. Cont'd 
RRC Objection 
Obj. Cont'd 
RRC Objection 
Obj. Cont'd 
RRC Objection 
Obj. Cont'd 
RRC Objection 
Obj. Removed 



10/18/95 
11/16/95 
10/18/95 
11/16/95 
10/18/95 
11/16/95 
10/18/95 
11/16/95 
10/18/95 
10/18/95 



RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 



2414 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



RULES REVIEW COMMISSION 



Acupuncture Licensing Board 

21 NCAC 1 .0501 - Qualifications for Establishing a School for Acupuncture in N.C. 
Agency Revised Rule 

Board of Architecture 

21 NCAC 2 .0302 - Written Examination 
Agency Revised Rule 

Board of Medical Examiners 

21 NCAC 32M .0006 - Prescribing Privileges 

Agency Revised Rule 
21 NCAC 32N .0002 - Continuances 

Agency Responded - Agency Will Not Revise Rule 

Board of Nursing 

21 NCAC 36 .0403 - Qualifications 

Agency Revised Rule 
21 NCAC 36 .0404 - Registration 

Agency Revised Rule 
21 NCAC 36 .0405 - Approval of Nurse Aide Education Programs 

Agency Revised Rule 

PUBLIC EDUCATION 

Elementary and Secondary Education 

16 NCAC 6D .0106 - Limited English Proficiency Programs 
Rule Withdrawn by Agency 

SECRETARY OF STATE 

Securities Division 

18 NCAC 6 . 1209 - Nonprofit Securities 

Agency Revised Rule 

Rule Returned to Agency 
18 NCAC 6 . 1314 - Escrow Agreements 

Rule Returned to Agency 
18 NCAC 6 . 1401 - Application for Registration of Dealers 

Agency Revised Rule 

Rule Returned to Agency 
18 NCAC 6 . 1702 - Application for Investment Adviser Registration 

Agency Revised Rule 

Rule Returned to Agency 

STATE PERSONNEL 

Office of State Personnel 



RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 



10/18/95 



RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 




09/21/95 


RRC Objection 


08/10/95 




09/21/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 




09/21/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 




09/21/95 



25 NCAC U .0505 - Leave to Prepare Grievance 

Agency Revised Rule 
25 NCAC 1J .0509 - Agency Grievance Reports 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



11/16/95 
11/16/95 
11/16/95 
11/16/95 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2415 



RULES REVIEW COMMISSION 



25 NCAC U .0802 - Awards Committee 

Agency Revised Rule 
25 NCAC IK .0318 - Tax Status 

Agency Revised Rule 
25 NCAC IK .0705 - Program Participation 

Agency Revised Rule 
25 NCAC 1L .0104 - Program Implementation: Department and University Level 

Agency Revised Rule 
25 NCAC 1L .0106 - Compliance Information 

Agency Repealed Rule 



RRC 


' Objection 


11/16/95 


Obj. 


Removed 


11/16/95 


RRC 


' Objection 


11/16/95 


Obj. 


Removed 


11/16/95 


RRC 


' Objection 


11/16/95 


Obj. 


Removed 


11/16/95 


RRC 


' Objection 


11/16/95 


Obj. 


Removed 


11/16/95 


RRC 


' Objection 


11/16/95 


Obj. 


Removed 


11/16/95 



# 



I 



# 



2416 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CONTESTED CASE DECISIONS 



> 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

Division of Purchase and Contract 

Senter-Sanders Tractor Corp. v. Admin., Div of Purchase &. Contract 
CMC Maintenance Co., a Div. of RDS Corp. v. Dept. of Administration, 
Div. of Purchase & Contract, et al. 



94 DOA 0803 

95 DOA 0194 



Nesnow 
Phipps 



03/06/95 
06/13/95 



Slate Construction Office 

W. M. Piatt & Company v. State Construction Office, DOA 94 DOA 0738 Nesnow 

Holland Group, Inc. v. Dept. of Administration, St. Construction Office 94 DOA 1565 Nesnow 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 



04/11/95 
06/01/95 



10:03 NCR 221 
10:07 NCR 619 



) 



AH Alsaras v. Alcoholic Beverage Control Commission 
Norman D. Forbes v. Alcoholic Beverage Control Commission 
Ben Sproul and Steve Pauls v. Alcoholic Beverage Control Comra. 
Albert Stanley Tomanec v. Alcoholic Beverage Control Commission 
Robert Johnson v. Alcoholic Beverage Control Commission 
Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc. 
John H. Robinson v. Alcoholic Beverage Control Commission 
Clara and Carson Young v. Alcoholic Beverage Control Commission 
Vladimir Walter Kozlik Jr. v. Alcoholic Beverage Control Commission 
Bryan Lynn Whitaker, Susan Ansley Whitaker v. ABC Commission 
Diamond Club, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Weisner, Inc. 
Robert Louis Reese v. Alcoholic Beverage Control Commission 
Ray E. Bailey v. Alcoholic Beverage Control Commission 
Legwin Z. Williams v. Alcoholic Beverage Control Commission 
Taleb Abed Rahman v. Alcoholic Beverage Control Commission 
Sherrill Douglas Langston v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Janice Mae Miles 
Imran Ali Hameerah v. Alcoholic Beverage Control Commission 
and 
City of Raleigh 
Ali Mohamed Ahmed v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Vladimir Walter Kozlik Jr. 
Mychal R. Hill v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Goldstar Food, Inc. 
Collie Hawkins v. Alcoholic Beverage Control Commission 
Alcoholic Bev Cont Comm. v. Partnership, T/A Royal Knights Soc Club 
Alcoholic Beverage Control Commission v. Lebby Rhew Allen 
Alcoholic Beverage Control Comm. v. Nancy Wheeler Wolfe 
Mustafa Yacoub Salameh v. Alcoholic Beverage Control Commission 
John Edsel Rhodes v. Alcoholic Beverage Control Commission 
Sadiq Deeb Ali, Patricia Billings v. Alcoholic Beverage Control Comm. 

BOARD OF CHIROPRACTIC EXAMINERS 



94 ABC 0526 


Chess 


05/16/95 




94 ABC 0787 


Gray 


03/17/95 




94 ABC 1046 


Chess 


08/17/95 




94 ABC 1168 


Becton 


03/07/95 




94 ABC 1661 


West 


05/01/95 




94 ABC 1682 


Chess 


05/03/95 




94 ABC 1694 


Mann 


03/29/95 




94 ABC 1727 


Morrison 


05/18/95 




94 ABC 1729 


Chess 


05/11/95 




94 ABC 1754* 12 


Mann 


08/02/95 


10:11 NCR 960 


94 ABC 1784 


Mann 


04/19/95 




94 ABC 1803 


Mann 


04/07/95 




95 ABC 0068 


West 


06/07/95 




95 ABC 0074 


Chess 


05/25/95 




95 ABC 0210 


Gray 


05/01/95 




95 ABC 0224 


Nesnow 


05/31/95 


10:06 NCR 417 


95 ABC 0323 


Phipps 


08/02/95 




95 ABC 0415 


Nesnow 


08/01/95 


10:10 NCR 868 


95 ABC 0434 


West 


07/20/95 




95 ABC 0477 


Phipps 


07/14/95 




95 ABC 0487 


Gray 


10/03/95 




95 ABC 05 \&* a 


Mann 


08/02/95 


10:11 NCR 960 


95 ABC 0617 


Morrison 


09/08/95 




95 ABC 0678 


Gray 


10/30/95 




95 ABC 0696 


Gray 


10/06/95 




95 ABC 0711 


Phipps 


09/14/95 




95 ABC 0712 


Gray 


10/04/95 




95 ABC 0713 


Phipps 


09/14/95 




95 ABC 0763 


Gray 


12/01/95 




95 ABC 0792 


Nesnow 


10/25/95 




95 ABC 0830 


Beaton 


11/29/95 





) 



Robert J. Manna, D.C. v. Board of Chiropractic Examiners 
CRIME CONTROL AND PUBLIC SAFETY 

Patrick O. Hawkins v. Office of Administrative Hearings 



95 BOC 1105 West 



95 CPS 0361 Phipps 



10/20/95 



08/01/95 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2417 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Crime Victims Compensation Commission 

John Pavlikianidis v. Victims Compensation Commission 

Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 

Phyllis H. Steinmetz v. Crime Victims Compensation Commission 

Hubert Johnson, Edna 3. Carter v. Crime Victims Compensation Comm. 

Wayne L. Utley v. Crime Victims Compensation Commission 

Sandra H. Hughes v. Victims Compensation Commission 

Kristine S. Ray v. Crime Victims Compensation Commission 

Shirley Moody Myers v. Crime Victims Compensation Commission 

Thomasine Inman v. Crime Victims Compensation Commission 

Irmgard Gordos v. Crime Victims Compensation Commission 

Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 

Ellen Sherwin v. Crime Vic Comp James Byrum Emp/ Baptist Hosp 

Anthony Harold Stone v. Crime Victims Compensation Commission 

Howard B. Peterson v. Crime Victims Compensation Commission 

Ella Ruth Jordan v. Gary B. Eichelberger Dir., Crime Vic. Comp. Comm. 

Lynn H. Henderson v. CPS, Victims Compensation Commission 

Larusha Bey v. Crime Victims Compensation Commission 

Percible Gaston v. Crime Victims Compensation Commission 

Horton Edward v. Crime Victims Compensation Commission 

David Leo Rice v. CPS, Crime Victims Compensation Commission 

Janet Ring Stevens v. Crime Victims Compensation Commission 

Michael A. Herd v. Crime Victims Compensation Commission 

Juan Aguilar v. Crime Victims Compensation Commission 

Albert Lionell MeadowB v. Crime Victims Compensation Commission 

John Kuwalik v. Crime Victims Compensation Commission 

Sandra Jones v. Crime Victims Compensation Commission 

Edsel Batts Jr. v. CPS, Crime Victims Compensation Commission 

James T. Todd v. Crime Victims Compensation Commission 

Mark Edward AJtman v. CPS, Crime Victims Compensation Commission 

Fred McMillan v. Victims Compensation Commission 

Brandi Faith Blalock, Dorothy Smith Blalock v. Crime Vic Comp Comm. 

Roland Lee Kelly, Jr. v. United Family Svcs, Vic Assis/Crime Vic. Comp 

Diane B. Commander v. Crime Victims Compensation Commission 

Danny Ray Bell v. Crime Victims Compensation Commission 

Margie Lunsford v. Crime Victims Compensation Commission 

Donald Ray Williams v. Crime Victims Compensation Commission 

Jill M. LaSanta v. Crime Victims Compensation Commission 

BOARD OF ELECTROLYSIS EXAMINERS 



94 CPS 0237 


Morrison 


03/21/95 


10:02 NCR 176 


94 CPS 0445* 4 


West 


05/30/95 




94 CPS 0542 


West 


05/16/95 




94 CPS 1177 


Mann 


06/12/95 




94 CPS 1180 


Bee ton 


03/07/95 




94 CPS 1600 


Morrison 


06/09/95 




94 CPS 1673 


Chess 


04/20/95 




94 CPS 1674 


Chess 


04/20/95 




94 CPS 1731 


Nesnow 


03/09/95 




94 CPS 1782 


Gray 


03/09/95 




95 CPS 0010* 4 


West 


05/30/95 




95 CPS 0012 


West 


03/22/95 




95 CPS 0115 


Chess 


08/22/95 




95 CPS 0163 


Reilly 


07/06/95 




95 CPS 0181 


West 


06/21/95 




95 CPS 0212 


Morrison 


05/08/95 




95 CPS 0245 


Reilly 


06/02/95 




95 CPS 0270 


Gray 


06/13/95 




95 CPS 0331 


Phipps 


07/25/95 




95 CPS 0335 


Morrison 


09/15/95 




95 CPS 0337 


Gray 


07/21/95 




95 CPS 0349 


Chess 


08/15/95 




95 CPS 0356 


Reilly 


06/22/95 




95 CPS 0373 


Gray 


09/27/95 




95 CPS 0381 


Becton 


07/10/95 




95 CPS 0427 


Nesnow 


06/02/95 




95 CPS 0456 


Phipps 


09/29/95 




95 CPS 0459 


Nesnow 


09/26/95 


10:15 NCR 1624 


95 CPS 0461 


West 


07/25/95 




95 CPS 0481 


Phipps 


10/12/95 




95 CPS 0540 


Phipps 


10/10/95 


10:15 NCR 1628 


95 CPS 0568 


Phipps 


08/09/95 




95 CPS 0591 


Nesnow 


10/19/95 




95 CPS 0737 


Reilly 


09/11/95 




95 CPS 0779 


Becton 


09/19/95 




95 CPS 0788 


Nesnow 


11/17/95 




95 CPS 1029 


Reilly 


10/25/95 





• 



♦ 



Diane Rawls v. North Carolina Board of Electrolysis Examiners 
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



95 BEE 0173 West 



08/03/95 



94 EHR 0950 Gray 

94 EHR 1676 Nesnow 

94 EHR 1756 Becton 

95 EHR 0016 Phipps 



Concrete Supply Company v. Environment, Health, & Natural Resources 
Setzer Bros. Inc. v. Environment, Health, and Natural Resources 
Environment, Health, &. Natural Resources v. Royal James Cafe 
John W. VanHoy, Jr. & Adjacent Land Owners v. EHNR 
and 
Shugart Enterprises, Inc. 
Browning-Ferris Ind. of S. Atlantic, Inc. and Sampson Cty. Disposal, Inc. 95 EHR 0506 West 
v. Dept. of Environment, Health, and Natural Resources, 

and 
Hoke County and Bladen County 
Bruce Wike v. Environment, Health, &. Natural Resources 95 EHR 0560 West 



05/23/95 
03/09/95 
06/30/95 
11/03/95 



06/13/95 



11/15/95 



10:06 NCR 414 



10:08 NCR 696 
10:17 NCR 2279 



Carteret County Health Department 

Elmer & Pandora Edwards v. Carteret County Health Department 

Coastal Resources 

William C. Young v. Coastal Resources Commission 
and 
Robert L. Casper, Jr. and Mary M. Casper 
Howard C. Slack v. Coastal Resources Comm, EHNR 



95 EHR 0075 Nesnow 



95 EHR 0009 Chess 



95 EHR 0140 Phil 



10/24/95 



06/13/95 



03/22/95 



10:02 NCR 185 



t 



2418 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CONTESTED CASE DECISIONS 



CASE 

NUMBKR 



ALJ 



^ 



94 EHR 1037 Chess 



94 EHR 0745 Chess 



91 EHR 1179* 3 


West 


05/30/95 


92 EHR 0021-' 


Gray 


04/03/95 


92 EHR 0053*' 


Gray 


04/03/95 


93 EHR 0273* 3 


West 


05/30/95 


94 EHR 0894 


Nesoow 


05/08/95 


94 EHR 1755 


West 


06/06/95 


95 EHR 0390 


Chess 


11/20/95 



) 



AGENCY 

Davidson County Health Department 

John Dee Clodfelter v. Davidson County Health Dept.; EHNR 

Environmental Health 

EEE-ZZZ Lay Drain Compnay, Inc. v. On-Site Wastewater Section, 
Division of Environmental Health 

Environmental Management 

United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 
Duke Power Company 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 
Duke Power Company 
United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Kenan Oil Company, Inc. v. EHNR, Div. of Environmental Mgmt. 
Moffitt and Pierce Construction, Inc. v. EHNR, Environmental Mgmt. 
Rodney Brent Becker, et al. v. Div. of Environmental Mgmt, EHNR 
and 
Federal Paper Board Company, Inc. 

Division of Epidemiology 

Mark Bryant Stocksdale & Wife, Cathie v. EHNR, Div. of Epidemiology 95 EHR 0059 Reilly 

Hyde County Health Department 

Frilzner Henry v. Hyde County Health Department 94 EHR 0924 Gray 

Macon County Health Department 

Four Residents on Genva Circle v. Macon County Health Department 94 EHR 1202 Nesnow 

Marine Fisheries 

Chancy Junior Sawyer v. EHNR, Division of Marine Fisheries 94 EHR 1786 Chess 

Maternal and Child Health 

Jimmy Franklin v. EHNR Maternal &. Child Hllh, Nutrition Services 

Middleburg Variety v. EHNR, Maternal & Child Health, Nutrition Svcs. 

Taisser Shehadeh v. EHNR, Maternal & Child Health, Nutrition Svcs. 

Philip Haskins v. EHNR, Div. of Maternal & Child Health 

Food City, Inc. v. Dept of Environment, Health, & Natural Resources 

Cameron Brian While v. EHNR, Maternal & Child Health, Nutrition Svcs. 95 

Barbara R. Amer d/b/a 311 Grocery Store v. EHNR 

Sameer Mohammed Dari v. EHNR, Maternal & Child Health, Nutn Svcs. 

Goldston Grocery, Larry Mis v. EHNR, Div. of Maternal & Child Health 95 

Barbara R. Amer d/b/a 311 Grocery Store v. EHNR 

Donnie Blalock v. EHNR, Maternal & Child Health, Nutrition Svcs. 

New Hanover County Health Department 

Gus Kalogiros v. New Hanover Co. (Health Dept.), Adm & Env. Svcs 94 EHR 1073 Morrison 

Pitt County Public Health Center 

Mary Joyner Dudley v. Pitt County Public Health Center & EHNR 94 EHR 1043 Gray 

Tony P. Moore v. EHNR, & Pitt County Public Health Center 95 EHR 0537 Reilly 



) 



DATE OF 
DECISION 



03/13/95 



04/24/95 



10/30/95 



03/09/95 



03/27/95 



05/22/95 



94 EHR 0288 


Gray 


05/22/95 


94 EHR 1601 


Chess 


05/01/95 


94 EHR 1711 


Chess 


05/02/95 


94 EHR 1777 


Chess 


03/09/95 


95 EHR 0372 


Reilly 


08/10/95 


95 EHR 0687 


Nesnow 


10/19/95 


95 EHR 0706* u 


Reilly 


10/23/95 


95 EHR 0853 


Gray 


10/10/95 


95 EHR 0869 


Becton 


09/13/95 


95 EHR 0874* u 


Reilly 


10/23/95 


95 EHR 0892 


Gray 


09/14/95 



04/28/95 



06/27/95 
10/09/95 



PUBLISHED DECISION 
REGISTER CITATION 



# Consolidated cases. 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2419 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



A1J 



95 DHR 0216 


ReUly 


06/02/95 


95 DHR 0366 


Reilly 


07/19/95 


95 DHR 0507 


West 


10/18/95 



Division of Solid Waste Management 

Cherokee Resources Inc. v. EHNR, Div. of Solid Waste Management 92 EHR 1028 Phipps 

Joyce Hildreth v. EHNR, Division of Solid Waste Management 95 EHR 0851 Morrison 

Wayne County Department of Health 

Habib Abdallah v. Wayne County Department of Health (WIC Program) 95 EHR 0864 Phipps 
EQUAL EMPLOYMENT OPPORTUNITY 

Marsha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center 90 EEO 0379 Chess 
HUMAN RESOURCES 



Veronica Spearman, John P. Spearman v. Dept. of Human Resources 
Sandra Jean Taylor v. Department of Human Resources 
Claudia Toriola v. Department of Human Resources 

Division of Child Development 

Iola Malloy v. DHR, Division of Child Development 

Helen J. Walls, D/B/A Walls Young World v. Dept. of Human Resources 

Samuel Simmons & Wife, Alphia Mack Simmons v. Human Resources 

Willie & Pamela Sturgess v. DHR, Division of Child Development 

Esther Elder v. DHR, Division of Child Development 

Theresa B. Thomas v. DHR, Division of Child Development 

Ellen H. Sams v. DHR, Division of Child Development 

Dixie Jenkins v. DHR, Division of Child Dev., Elizabeth Alexander 

Hill Street Day Care Center v. DHR, Division of Child Development 

Chapel Hill Day Care Center, Nancy Taylor v. DHR, Div. of Child Dev. 

Division of Facility Services 

William H. Cooke v. DHR, Division of Facility Services 

Mildred Reece, Calvin Reece v. DHR, Division of Facility Services 

Domiciliary & Group Care Section 
Lisa Marie Shanks v. Department of Human Resources 
Brenda I. McAllister v. DHR, Division of Facility Services 
Henry Brown, Sr. v. Department of Human Resources 

Bingo Licensure Section 



94 DHR 0849 


Mann 


94 DHR 1362 


Becton 


94 DHR 1617 


Gray 


94 DHR 1631 


Reilly 


94 DHR 1771 


Reilly 


95 DHR 0268 


Morrison 


95 DHR 0293 


Phipps 


95 DHR 0315 


West 


95 DHR 0407 


Chess 


95 DHR 0450 


Phipps 



94 DHR 0565 


Gray 


94 DHR 1783 


Gray 


95 DHR 0121 


West 


95 DHR 0149 


West 


95 DHR 0526 


Becton 



95 DHR 0040 



The Regular Veterans Association of the United States and the Sixteen 
Posts of the Regular Veterans Association of the United States and the 
Regular Veterans Association Auxiliary Located in the State of North 
Carolina v. DHR, Division of Facility Services, Bingo Licensure Section 

Certificate of Need Section 

The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 94 DHR 0197* 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
Retirement Villages, Inc. (Lessor), and Liberty Healthcare Ltd. 

Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR, 

Division of Facility Services, Certificate of Need Section 
and 

Beaver Properties/Wallace. Inc., and Brian Center Health & Retirement/ 

Wallace, Inc. 



Morrison 



Reilly 



94 DHR 0198* : Reilly 



94 DHR 0403 



Chess 



DATE OF 
DECISION 



09/29/95 
09/13/95 



09/27/95 



04/03/95 



03/03/95 
03/20/95 
09/13/95 
07/10/95 
03/17/95 
07/14/95 
08/08/95 
08/25/95 
10/13/95 
06/02/95 



03/16/95 
03/16/95 

08/03/95 
09/11/95 

10/05/95 



04/13/95 



04/05/95 



04/05/95 



12/14/94 



PUBLISHED DECISION 
REGISTER CITATION 



10:14 NCR 1410 



• 



10:13 NCR 1205 



t 



I 



2420 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



) 



A1J 



Chess 



93 DHR 1736 


Reilly 


05/22/95 


93 DHR 1737 


Reilly 


05/22/95 


94 DHR 1170 


Reilly 


10/18/95 



94 DHR 1627 


Morrison 


07/06/95 


95 DHR 0448 


Nesnow 


10/24/95 


95 DHR 0488 


Phipps 


10/31/95 



> 



) 



Gordon G. Koltis, M.D., Carolina Radiation & Cancer Treatment Center, 94 DHR 1820 
P.A., and Carolina Radiation Medicine, P.A. v. DHR, Div. of Facility 
Services, Certificate of Need Section, 

and 
Pitt County Memorial Hospital, Inc. 



Office of Emergency Medical Services 
Charles M. Erwin v. DHR, Facility Svcs, Off. of Emgcy. Medical Svcs. 92 DHR 1697 Chess 



Medical Facilities Licensure Section 

Shelia Marie Hall v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 95 DHR 0307 
Joe Junior Bailey v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 95 DHR 0322 
Linda Faye Taylor v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 95 DHR 0410 
Evangeline of King, Inc. v. DHR, Div/Fac Svcs, Med. Facilities Lie. Sec. 95 DHR 0413 
Nicole Murphy v. DHR, Div/Facility Svcs, Med. Facilities Lie. Sec. 95 DHR 0863 



Division of Medical Assistance 

A.S., by and through her agent and personal representative. Hank Neal 

v. DHR, Division of Medical Assistance 
D.A., by and through his agent and personal representative, Hank Neal 

v. DHR, Division of Medical Assistance 
Stephen K., & Christopher & Katina Komorek v. DHR, Med Assistance 

Division of Social Services 

Cecilia Y. Wall, William S. Wall v. Department of Human Resources 

Sandra M. Hawkins v. DHR, Division of Social Services 

Robert A. Byers, Sharon L. Byers v. DHR, Div. of Social Services 

Child Support Enforcement Section 

Daniel J. Carter v. Department of Human Resources 
Shawn Dominic Caldwell v. Department of Human Resources 
William Zonta Thompson v. Department of Human Resources 
Jackie E. Hackney v. Department of Human Resources 
Lenzo Davis v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
Elbert Quick v. Department of Human Resources 
Dennis E. Barkley v. Department of Human Resources 
Clement McMillan v. Department of Human Resources 
Herbert James Jackson III v. Department of Human Resources 
Larry James Walker Jr. v. Department of Human Resources 
James R. Gray v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
John D. Bird v. Department of Human Resources 
Lacy Green, Jr. v. Department of Human Resources 
Leon McNair v. Department of Human Resources 
Edwin A. Clarke v. Department of Human Resources 
Wolfgang R. Walker v. Department of Human Resources 
Wyatt Roseboro v. Department of Human Resources 
Lloyd Lane Speake v. Department of Human Resources 
Raymond E. Dresser v. Department of Human Resources 
Terry L. Yoder v. Department of Human Resources 
Ronald E. Lewis v. Department of Human Resources 
Richard L. Hiott v. Department of Human Resources 
Cecil Ray Hinshaw v. Department of Human Resources 
Terry C. Brown v. Department of Human Resources 
Paul R. Johnson v. Department of Human Resources 
Henry C. Banks v. Department of Human Resources 
Lucille B. Dutter v. Department of Human Resources 
Charles Bascom Kiker v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Tony M. Tart v. Department of Human Resources 
Wade E. Hampton v. Department of Human Resources 
Cecedrick Scott v. Department of Human Resources 



DATE OF 
DECISION 



09/25/95 



PUBLISHED DECISION 
REGISTER CITATION 



05/16/95 



Nesnow 


08/11/95 


Becton 


09/13/95 


MorrisoD 


11/09/95 


Reilly 


08/14/95 


Becton 


10/20/95 



91 CSE 1103 


Morrison 


03/03/95 


92 CSE 1449 


Reilly 


03/29/95 


92 CSE 1559 


Reilly 


03/29/95 


93 CSE 1088 


Chess 


03/20/95 


93 CSE 1 1 1 1 


Becton 


07/12/95 


93 CSE 1123* 5 


Reilly 


05/16/95 


93 CSE 1169 


Chess 


03/08/95 


93 CSE 1187 


Reilly 


06/30/95 


93 CSE 1208 


Chess 


03/08/95 


93 CSE 1209 


Mann 


08/11/95 


93 CSE 1255 


Morrison 


06/12/95 


93 CSE 1268 


Chess 


03/08/95 


93 CSE 1270*'° 


Becton 


07/28/95 


93 CSE 1272 


Gray 


06/26/95 


93 CSE 1295 


Chess 


03/08/95 


93 CSE 1317 


Becton 


04/04/95 


93 CSE 1319 


Chess 


03/08/95 


93 CSE 1374 


Gray 


04/28/95 


93 CSE 1423 


Becton 


04/25/95 


93 CSE 1451 


Chess 


03/22/95 


93 CSE 1459 


Reilly 


06/23/95 


93 CSE 1498 


Nesnow 


06/02/95 


93 CSE 1508 


Mann 


05/18/95 


93 CSE 1509 


Mann 


04/21/95 


93 CSE 1513 


Gray 


05/08/95 


93 CSE 1516 


Morrison 


05/08/95 


93 CSE 1546 


Gray 


06/27/95 


93 CSE 1556 


Chess 


03/22/95 


93 CSE 1558 


Chess 


03/13/95 


93 CSE 1561 


Mann 


04/21/95 


93 CSE 1566* 6 


Gray 


05/31/95 


93 CSE 1588 


Becton 


06/08/95 


93 CSE 1593 


Chess 


04/20/95 


93 CSE 1651 


Chess 


07/20/95 



10:06 NCR 409 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2421 



CONTESTED CASE DECISIONS 



AGENCY 



Gary Jay Stocks v. Department of Human Resources 

Paul E. Strawcutter v. Department of Human Resources 

John L. Osborne (Jr.) v. Department of Human Resources 

Richard L. Garver v. Department of Human Resources 

Jerry Glasper v. Department of Human Resources 

Cary G. Dannelly v. Department of Human Resources 

Robert G. Baker v. Department of Human Resources 

Tyrone Waddell v. Department of Human Resources 

Robert R. Thomas v. Department of Human Resources 

Bernard T. Wade v. Department of Human Resources 

Robert Earl White v. Department of Human Resources 

Willie Scott v. Department of Human Resources 

Rochester Levi Jones v. Department of Human Resources 

Timothy Brian Eller v. Department of Human Resources 

Marvin Massey v. Department of Human Resources 

Morgan Pate, Jr. v. Department of Human Resources 

Robert E. Dudley, Sr. v. Department of Human Resources 

Julian Lattimore v. Department of Human Resources 

James McFadden v. Department of Human Resources 

Wesley B. Meggs v. Department of Human Resources 

Anthony D. McCain v. Department of Human Resources 

John C. Kay v. Department of Human Resources 

Raymond B. Clontz Jr. v. Department of Human Resources 

James C. Rogers v. Department of Human Resources 

Ruby Fewell Henry v. Department of Human Resources 

Michael Leon McCain v. Department of Human Resources 

James A. Honer v. Department of Human Resources 

George C. Flowers v. Department of Human Resources 

Kendrick William Sims v. Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Michael W. Bowen v. Department of Human Resources 

Roderick J. Smith v. Department of Human Resources 

Richard Dill v. Department of Human Resources 

James E. Freeman v. Department of Human Resources 

Jonathan D. Cauthen v. Department of Human Resources 

Ronnie J. Goins v. Department of Human Resources 

Ted C. Jenkins v. Department of Human Resources 

Anthony J. Gibbons v. Department of Human Resources 

Robert Wilson v. Department of Human Resources 

Grant Jules Marks v. Department of Human Resources 

Aaron C. Harris v. Department of Human Resources 

Donald L. Costello Sr. v. Department of Human Resources 

Kelvin L. Lankford v. Department of Human Resources 

Jeffrey Thomas Chambers v. Department of Human Resources 

Robert J. Holden v. Department of Human Resources 

Janet M. Johnson v. Department of Human Resources 

Michael L. Wright v. Department of Human Resources 

Amanda F. Blount v. Department of Human Resources 

Terry S. Gurganus v. Department of Human Resources 

John Napoleon Window Cross Pullium v. Dept of Human Resources 

Charles F. Haag Jr. v. Department of Human Resources 

Michael J. Montroy v. Department of Human Resources 

Linton Durante v. Department of Human Resources 

Timothy Rex Waddell v. Department of Human Resources 

Clarence Benjamin Banks Jr. v. Department of Human Resources 

Warren M. Williams v. Department of Human Resources 

Dennis L. Moore v. Department of Human Resources 

Dennis W, Cashion v. Department of Human Resources 

John Carroll Rodgers v. Department of Human Resources 

James Edward Knox, Jr. v. Department of Human Resources 

Kimberly M. Rinaldi, Robert L. Rinaldi v. Dept. of Human Resources 

David House v. Department of Human Resources 

Jerry Wayne Blanton v. Department of Human Resources 

Antonio Staton v. Department of Human Resources 

Aqustin S. Sanchez v. Department of Human Resources 

Fred Carter Jr. v. Department of Human Resources 

Ricky Ratliff v. Department of Human Resources 

Willie McNeil Jr. v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


93 CSE 


1652 


Chess 


03/21/95 


93 CSE 


1713 


Mann 


03/13/95 


94 CSE 0140 


Mann 


05/30/95 


94 CSE 0512 


Bee ton 


06/12/95 


94 CSE 


1016 


Ne*now 


07/21/95 


94 CSE 


1033 


Nesnow 


03/24/95 


94 CSE 


1094 


Chess 


03/06/95 


94 CSE 


1096 


Mann 


05/30/95 


94 CSE 


1100 


Beeton 


07/28/95 


94 CSE 


1101 


Beeton 


04/03/95 


94 CSE 


1102 


Chess 


08/08/95 


94 CSE 


1109 


Chess 


06/28/95 


94 CSE 


1116 


Chess 


05/15/95 


94 CSE 


1119 


Reilly 


03/29/95 


94 CSE 


1125 


Mann 


10/09/95 


94 CSE 


1127 


Mann 


03/20/95 


94 CSE 


1128 


Mann 


03/31/95 


94 CSE 


1131 


Reilly 


03/13/95 


94 CSE 


1132 


West 


03/14/95 


94 CSE 


1137 


Gray 


08/09/95 


94 CSE 


1141 


Nesnow 


05/16/95 


94 CSE 


1143 


Chess 


04/13/95 


94 CSE 


1149 


Nesnow 


03/03/95 


94 CSE 


1153 


Gray 


04/04/95 


94 CSE 


1157 


Nesnow 


03/16/95 


94 CSE 


1158 


Beclon 


05/16/95 


94 CSE 


1160 


Mann 


08/03/95 


94 CSE 


1184 


Mann 


05/02/95 


94 CSE 


1186 


Chess 


05/01/95 


94 CSE 


1191 


West 


05/25/95 


94 CSE 


1192 


Nesnow 


07/21/95 


94 CSE 


1193 


Beeton 


06/26/95 


94 CSE 


1195 


Mann 


03/29/95 


94 CSE 


1199 


West 


07/18/95 


94 CSE 


1213 


Chess 


06/01/95 


94 CSE 


1214 


Chess 


06/01/95 


94 CSE 


1218 


Gray 


03/15/95 


94 CSE 


1219 


Gray 


03/15/95 


94 CSE 


1220 


Gray 


07/21/95 


94 CSE 


1222 


Morrison 


06/13/95 


94 CSE 


1225 


Reilly 


04/10/95 


94 CSE 


1228 


West 


03/17/95 


94 CSE 


1229 


West 


03/17/95 


94 CSE 


1231 


Nesnow 


03/03/95 


94 CSE 


1232 


Nesnow 


03/15/95 


94 CSE 


1236 


Mann 


06/02/95 


94 CSE 


1237 


Gray 


03/15/95 


94 CSE 


1238 


Gray 


11/14/95 


94 CSE 


1239 


Gray 


03/02/95 


94 CSE 


1241 


Gray 


03/15/95 


94 CSE 


1242 


Gray 


05/31/95 


94 CSE 


1244 


Morrison 


03/13/95 


94 CSE 


1245 


Morrison 


06/26/95 


94 CSE 


1246 


Morrison 


06/26/95 


94 CSE 


1247 


Morrison 


05/17/95 


94 CSE 


1248 


Morrison 


07/11/95 


94 CSE 


1249 


Morrison 


03/02/95 


94 CSE 


1250 


Morrison 


07/10/95 


94 CSE 


1251 


Reilly 


05/18/95 


94 CSE 


1254 


Reilly 


03/13/95 


94 CSE 


1255 


Reilly 


05/18/95 


94 CSE 


1256 


Reilly 


03/15/95 


94 CSE 


1257 


Reilly 


08/11/95 


94 CSE 


1258 


West 


07/21/95 


94 CSE 


1259 


West 


03/06/95 


94 CSE 


1260 


West 


05/22/95 


94 CSE 


1261 


West 


03/17/95 


94 CSE 


1262 


West 


03/17/95 



PUBLISHED DECISION 
REGISTER CITATION 



• 



I 



I 



2422 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CONTESTED CASE DECISIONS 



) 



> 



) 



AGENCY 



Ray Douglas Brickhouse v. Department of Human Resources 

Tyron G. Moore v. Department of Human Resources 

Paul A. Card v. Department of Human Resources 

James P. Barton, HI v. Department of Human Resources 

Damn Yancey v. Department of Human Resources 

Douglas L. Lucas v. Department of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Lewis A. Garris v. Department of Human Resources 

Michael Lynn Avery v. Department of Human Resources 

Elvis M. Graham v. Department of Human Resources 

Shawn Fonville v. Department of Human Resources 

David Allan Blan v. Department of Human Resources 

James Lee, Jr. v. Department of Human Resources 

Noah L. Houston, Sr. v. Department of Human Resources 

Wilma Lee Burton v. Department of Human Resources 

Shannon Vanderaa v. Department of Human Resources 

Anthony Murray v. Department of Human Resources 

Carl J. McGuire v. Department of Human Resources 

Tommy L. Burchfield v. Department of Human Resources 

Virgil L. Newby v. Department of Human Resources 

Gregory A. Rodrigues v. Department of Human Resources 

Nelson D. Edmonds v. Department of Human Resources 

Larry R. Bales v. Department of Human Resources 

Karl Philip Jursen v. Department of Human Resources 

David Harrington v. Department of Human Resources 

Sterling Womack v. Department of Human Resources 

Michael L. Franks v. Department of Human Resources 

Hubert Bowe v. Department of Human Resources 

Edward Filch v. Department of Human Resources 

Otis Lewis Jr. v. Department of Human Resources 

Robert F. Catoe Jr. v. Department of Human Resources 

William Anthony Winchester v. Department of Human Resources 

Aaron L. Clark v. Department of Human Resources 

Vincent R. Valles Sr. v. Department of Human Resources 

Gary W. Gibson v. Department of Human Resources 

Mark A. West v. Department of Human Resources 

John E. Bolas Jr. v. Department of Human Resources 

Gary C. Wiggins v. Department of Human Resources 

Rhonnie J. Williams v. Department of Human Resources 

Danny Ray Hensley v. Department of Human Resources 

Stanley Moore v. Department of Human Resources 

Rawn Weigei v. Department of Human Resources 

David C. Glenn v. Department of Human Resources 

Marc F. Carboni v. Department of Human Resources 

Ivy M. Harvell v. Department of Human Resources 

Terry L. McMillon v. Department of Human Resources 

Garry G. Hickman v. Department of Human Resources 

Willie Herring v. Department of Human Resources 

Joe C. Dean v. Department of Human Resources 

Jimmie E. Barnes v. Department of Human Resources 

Cecilia Carmosino v. Department of Human Resources 

Marvin F. Walker v. Department of Human Resources 

Terry L. Yoder v. Department of Human Resources 

Richard J. Almeida v. Department of Human Resources 

Gary E. Mills v. Department of Human Resources 

Michael R. French v. Department of Human Resources 

William R. Casey v. Department of Human Resources 

John A. Jackson v. Department of Human Resources 

Michael R. Roberts v. Department of Human Resources 

Kevin R. Nienke v. Department of Human Resources 

Cleothis B. Smith v. Department of Human Resources 

Leroy Johnson Jr. v. Department of Human Resources 

James Patterson v. Department of Human Resources 

Thomas Colon v. Department of Human Resources 

Walter Swimiak Jr. v. Department of Human Resources 

Michael R. Strong v. Department of Human Resources 

Marion Rodriguez v. Department of Human Resources 

Van Edward Arlington v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1263 


West 


03/17/95 


94 CSE 1264 


West 


03/17/95 


94 CSE 1266 


Nesnow 


03/13/95 


94 CSE 1267 


Nesnow 


06/02/95 


94 CSE 1269 


Nesnow 


03/15/95 


94 CSE 1270 


Nesnow 


03/15/95 


94 CSE 1272 


Becton 


03/15/95 


94 CSE 1273 


Becton 


07/28/95 


94 CSE 1274 


Beaton 


03/15/95 


94 CSE 1275 


Becton 


03/15/95 


94 CSE 1277 


Becton 


03/06/95 


94 CSE 1279 


Chess 


07/26/95 


94 CSE 1280 


Chess 


04/10/95 


94 CSE 1284 


Chess 


04/26/95 


94 CSE 1285 


Chess 


07/12/95 


94 CSE 1286 


Mann 


03/21/95 


94 CSE 1287 


Mann 


03/21/95 


94 CSE 1288 


Mann 


08/03/95 


94 CSE 1289 


Mann 


03/21/95 


94 CSE 1290 


Mann 


08/11/95 


94 CSE 1300 


Mann 


03/21/95 


94 CSE 1301 


Gray 


07/27/95 


94 CSE 1302 


Gray 


03/02/95 


94 CSE 1303 


Gray 


03/15/95 


94 CSE 1304 


MornBon 


05/22/95 


94 CSE 1305 


Morrison 


05/18/95 


94 CSE 1307 


Gray 


09/21/95 


94 CSE 1308 


Mann 


05/18/95 


94 CSE 1313 


Mann 


05/02/95 


94 CSE 1314 


Mann 


03/21/95 


94 CSE 1329 


Morrison 


03/15/95 


94 CSE 1331 


Ralls 


03/15/95 


94 CSE 1332 


Reilly 


03/15/95 


94 CSE 1333 


West 


03/17/95 


94 CSE 1334 


West 


03/06/95 


94 CSE 1335 


West 


03/17/95 


94 CSE 1336 


Nesnow 


03/15/95 


94 CSE 1338 


Nesnow 


03/15/95 


94 CSE 1339 


Becton 


03/15/95 


94 CSE 1340 


Becton 


03/15/95 


94 CSE 1341 


Becton 


07/28/95 


94 CSE 1342 


Chess 


05/22/95 


94 CSE 1343 


Chess 


04/20/95 


94 CSE 1344 


Chess 


06/01/95 


94 CSE 1345 


Mann 


03/21/95 


94 CSE 1346 


Mann 


03/21/95 


94 CSE 1348 


Gray 


03/15/95 


94 CSE 1350 


Morrison 


03/02/95 


94 CSE 1351 


Morrison 


03/15/95 


94 CSE 1352 


Reilly 


03/03/95 


94 CSE 1354 


West 


03/17/95 


94 CSE 1355 


West 


03/17/95 


94 CSE 1356 


Nesnow 


10/16/95 


94 CSE 1357 


Nesnow 


03/15/95 


94 CSE 1358 


Becton 


08/29/95 


94 CSE 1359 


Becton 


03/15/95 


94 CSE 1369 


Mann 


05/02/95 


94 CSE 1370 


Mann 


03/07/95 


94 CSE 1371 


Mann 


03/21/95 


94 CSE 1372 


Gray 


07/18/95 


94 CSE 1373 


Gray 


03/15/95 


94 CSE 1377 


Mann 


03/31/95 


94 CSE 1378 


Morrison 


03/15/95 


94 CSE 1379 


Reilly 


03/15/95 


94 CSE 1382 


West 


03/17/95 


94 CSE 1383 


West 


07/18/95 


94 CSE 1385 


Nesnow 


03/03/95 


94 CSE 1386 


West 


07/18/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2423 



CONTESTED CASE DECISIONS 



AGENCY 



Jerry L. White Sr. v. Department of Human Resources 

Dennis James Grimes v. Department of Human Resources 

Scott John Tozzi v. Department of Human Resources 

Wylie Norris Cooper Jr. v. Department of Human Resources 

Roger A. Eaton v. Department of Human Resources 

Willie J. Flowers Jr. v. Department of Human Resources 

Jeffrey James Spence v. Department of Human Resources 

Byron C. Alston v. Department of Human Resources 

Oliver Lee Wolfe Sr. v. Department of Human Resources 

James Tracy Strickland v. Department of Human Resources 

Michael K. Reese v. Department of Human Resources 

Albert D. Johnson v. Department of Human Resources 

Johnny A. Stroud v. Department of Human Resources 

Richard G. Medford, Jr. v. Department of Human Resources 

Theresa Strader v. Department of Human Resources 

James F. Williams v. Department of Human Resources 

John Bell Shelton v. Department of Human Resources 

Kennedy C. Uzomba v. Department of Human Resources 

Marion A. Ward v. Department of Human Resources 

Robert H. Owens v. Department of Human Resources 

Samuel A. Lewis v. Department of Human Resources 

Robert Lee Wall v. Department of Human Resources 

James M. Breaden Jr. v. Department of Human Resources 

Peter G. Coley v. Department of Human Resources 

Benjamin Nuriddin v. Department of Human Resources 

Robert L. Carter v. Department of Human Resources 

Danny Columbus Baker v. Department of Human Resources 

Duke William Dupre' v. Department of Human Resources 

Audrey Jennings v. Department of Human Resources 

Robert S. Moore v. Department of Human Resources 

Michael A Camp v. Department of Human Resources 

Martin J. Miller v. Department of Human Resources 

Steven L. Cox v. Department of Human Resources 

Michael P. Cleary v. Department of Human Resources 

Willie Cherry, Jr. v. Department of Human Resources 

Michael D. Guyther v. Department of Human Resources 

Charlie Sturdivant v. Department of Human Resources 

William V. Glennon v. Department of Human Resources 

Alaster Williams v. Department of Human Resources 

Henry L. Gibbs v. Department of Human Resources 

Roger Gene Fehlhaber v. Department of Human Resources 

Donald Ray Solis v. Department of Human Resources 

Lawrence Dow Dean v. Department of Human Resources 

Beau L. Miller v. Department of Human Resources 

Claude E. Alston v. Department of Human Resources 

Elizabeth F. West v. Department of Human Resources 

John H- Underwood v. Department of Human Resources 

James T. Dudley Jr. v. Department of Human Resources 

Cornelius L. Jones v. Department of Human Resources 

Lori Davis Humphrey v. Department of Human Resources 

Robert L. Freeland, Jr. v. Department of Human Resources 

Antonio Darden (TV-D #1237637) v. Department of Human Resources 

Antonio Darden (TV-D #12801 16) v. Department of Human Resources 

Antonio Darden (TV-D #1233347) v. Department of Human Resources 

Leonard Keith Morgan v. Department of Human Resources 

Michael Shannon v. Department of Human Resources 

Scott Thackrah v. Department of Human Resources 

Cyrus R. Luallen v. Department of Human Resources 

Harold Dean Horn v. Department of Human Resources 

James B. Miller v. Department of Human Resources 

Glenn Allison v. Department of Human Resources 

Louis R. Salamone v. Department of Human Resources 

Lee R. Jones v. Department of Human Resources 

Randy Norris Willis v. Department of Human Resources 

Michael E. Bellamy v. Department of Human Resources 

Eddie James Johnson v. Department of Human Resources 

Coley C. Matthews v. Department of Human Resources 

Willie J. Gadson v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 


1387 


Nesnow 


03/15/95 


94 CSE 


1388 


Becton 


03/15/95 


94 CSE 


1389 


Becton 


03/15/95 


94 CSE 


1391 


Mann 


08/30/95 


94 CSE 


1392 


Gray 


03/09/95 


94 CSE 


1393 


Morrison 


03/15/95 


94 CSE 


1394 


Reilly 


03/15/95 


94 CSE 


1396 


Nesnow 


03/03/95 


94 CSE 


1397 


Mann 


03/31/95 


94 CSE 1398 


Mann 


03/31/95 


94 CSE 


1412 


Gray 


03/31/95 


94 CSE 


1413 


Gray 


06/26/95 


94 CSE 


1414 


Gray 


06/27/95 


94 CSE 


1415 


Morrison 


03/02/95 


94 CSE 


1416 


Morrison 


03/21/95 


94 CSE 


1417 


Morrison 


03/21/95 


94 CSE 


1419 


Morrison 


06/26/95 


94 CSE 


1420 


Reilly 


04/03/95 


94 CSE 


1421 


Reilly 


03/03/95 


94 CSE 


1423 


Reilly 


06/02/95 


94 CSE 


1424 


Reilly 


04/03/95 


94 CSE 


1425 


West 


03/31/95 


94 CSE 


1426 


West 


03/31/95 


94 CSE 


1427 


West 


03/31/95 


94 CSE 


1429 


West 


03/31/95 


94 CSE 


1430 


Nesnow 


03/24/95 


94 CSE 


1431 


Nesnow 


03/24/95 


94 CSE 


1432 


Nesnow 


03/24/95 


94 CSE 


1433 


Nesnow 


03/24/95 


94 CSE 


1434 


Nesnow 


07/11/95 


94 CSE 


1435 


Becton 


03/06/95 


94 CSE 


1436 


Becton 


03/06/95 


94 CSE 


1437 


Becton 


07/28/95 


94 CSE 


1438 


Becton 


07/05/95 


94 CSE 


1439 


Chess 


03/03/95 


94 CSE 


1441 


Chess 


07/18/95 


94 CSE 


1442 


Chess 


06/29/95 


94 CSE 


1444 


Mann 


03/07/95 


94 CSE 


1445 


Gray 


03/02/95 


94 CSE 


1446 


Morrison 


03/21/95 


94 CSE 


1447 


Reilly 


04/03/95 


94 CSE 


1449 


Nesnow 


07/26/95 


94 CSE 1450 


Gray 


06/09/95 


94 CSE 


1452 


West 


03/07/95 


94 CSE 


1454 


Nesnow 


04/17/95 


94 CSE 


1455 


Nesnow 


03/07/95 


94 CSE 


1456 


Nesnow 


04/17/95 


94 CSE 


1457 


Nesnow 


04/28/95 


94 CSE 


1458 


Nesnow 


08/10/95 


94 CSE 


1459 


Becton 


03/06/95 


94 CSE 


1460 


Becton 


04/07/95 


94 CSE 


1461 


Becton 


04/07/95 


94 CSE 


1462 


Becton 


04/07/95 


94 CSE 


1463 


Becton 


04/07/95 


94 CSE 


1464 


Chess 


08/15/95 


94 CSE 


1466 


Chess 


06/09/95 


94 CSE 


1468 


Chess 


07/20/95 


94 CSE 


1470 


Mann 


03/31/95 


94 CSE 


1471 


Mann 


03/07/95 


94 CSE 


1472 


Mann 


03/07/95 


94 CSE 


1473 


Gray 


03/02/95 


94 CSE 


1474 


Gray 


03/09/95 


94 CSE 


1475 


Gray 


05/19/95 


94 CSE 


1476 


Morrison 


03/21/95 


94 CSE 


1477 


Morrison 


03/02/95 


94 CSE 


1478 


Morrison 


03/02/95 


94 CSE 


1479 


Morrison 


03/21/95 


94 CSE 


1480 


Reilly 


04/10/95 



PUBLISHED DECISION 
REGISTER CITATION 



• 



♦ 



I 



2424 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CONTESTED CASE DECISIONS 



) 



> 



> 



AGENCY 



Joseph K. Gatewood v. Department of Human Resources 

Donald Lee Barcliff v. Department of Human Resources 

James W. Nunnery v. Department of Human Resources 

Terrance Freeman v. Department of Human Resources 

William Leroy Watkins v. Department of Human Resources 

Bailey White v. Department of Human Resources 

Shannon Woodall v. Department of Human Resources 

Peter Ian Oliveira v. Department of Human Resources 

Karlyn R. Foster v. Department of Human Resources 

Ronald E. Lewis v. Department of Human Resources 

Wesley Kelvin Cook v. Department of Human Resources 

Everett Lee Hunt v. Department of Human Resources 

Kenneth W. Cahoon v. Department of Human Resources 

Ricky S. Blake v. Department of Human Resources 

Rick E. Atkins v. Department of Human Resources 

Timothy James Burnett v. Department of Human Resources 

Carlos L. Robinson v. Department of Human Resources 

Eddie O. Toro v. Department of Human Resources 

Timothy Mark Johnson v. Department of Human Resources 

Alan W. Karsner v. Department of Human Resources 

Walter J. Sturdivant v. Department of Human Resources 

Volna Ramone Gales v. Department of Human Resources 

Bruce Kelly Jacobs v. Department of Human Resources 

Tony Collins v. Department of Human Resources 

Ronald O. Biggs v. Department of Human Resources 

Keith Dewayne Sentere v. Department of Human Resources 

Walter E. Champion Jr. v. Department of Human Resources 

Marvin B. Harris v. Department of Human Resources 

Jay C. Edwards, III v. Department of Human Resources 

William Hyman v. Department of Human Resources 

David M. Manson v. Department of Human Resources 

Mahalon E. White v. Department of Human Resources 

Dennis Ray Alexander v. Department of Human Resources 

Joseph R. & Linda M. Grooms v. Department of Human Resources 

Robert M. Martin v. Department of Human Resources 

Ashton Berry Gatlin v. Department of Human Resources 

Louis Cragg III v. Department of Human Resources 

Dennis Micheal Sanders v. Department of Human Resources 

Anthony Bonini v. Department of Human Resources 

Jerry Wallace v. Department of Human Resources 

John D. Twine Sr. v. Department of Human Resources 

David A. Gaskins v. Department of Human Resources 

Kevin Ervin Kelley v. Department of Human Resources 

Nathaniel Ashford v. Department of Human Resources 

Gilbert S. McLeod v. Department of Human Resources 

Ellen Downing v. Department of Human Resources 

Charles R. Hauley v. Department of Human Resources 

Michael L. Schadler v. Department of Human Resources 

Owen B. Fisher Jr. v. Department of Human Resources 

Robin Delmar Goods v. Department of Human Resources 

Julio Alvarado Jr. v. Department of Human Resources 

Thomas A. Morgan v. Department of Human Resources 

Terrence R. McLaughlin v. Department cf Human Resources 

Johnnie V. Johnson v. Department of Human Resources 

Ward F. Miller v. Department of Human Resources 

Joel P. Roth v. Department of Human Resources 

Atward T. Warren v. Department of Human Resources 

Monte Harwell v. Department of Human Resources 

Albert Noah Dunlap v. Department of Human Resources 

James E. Davis v. Department of Human Resources 

Roger T. Benoy v. Department of Human Resources 

Spencer P. Johnson v. Department of Human Resources 

James A. Bryant v. Department of Human Resources 

Conrade Dunklin v. Department of Human Resources 

Kenneth J. Balfour v. Department of Human Resources 

Tony Thomas v. Department of Human Resources 

Willie A. Harris v. Department of Human Resources 

Walter T. Townsend Jr. v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


AI.J 


DECISION 


94 CSE 


1481 


Reilly 


06/26/95 


94 CSE 


1482 


Reilly 


04/10/95 


94 CSE 


1484 


Nesnow 


04/17/95 


94 CSE 


1485 


Nesnow 


07/11/95 


94 CSE 


1486 


Nesnow 


04/17/95 


94 CSE 


1487 


Nesnow 


05/23/95 


94 CSE 


1488 


Becton 


07/18/95 


94 CSE 


1489 


Becton 


03/07/95 


94 CSE 


1490 


Becton 


10/12/95 


94 CSE 


1491 


Becton 


03/07/95 


94 CSE 


1492 


Becton 


04/07/95 


94 CSE 


1493 


Chess 


06/01/95 


94 CSE 


1494 


Chess 


07/12/95 


94 CSE 


1495 


Chess 


06/22/95 


94 CSE 


1496 


Chess 


06/28/95 


94 CSE 


1498 


Chess 


07/20/95 


94 CSE 1499 


Mann 


03/31/95 


94 CSE 


1500 


Mann 


03/31/95 


94 CSE 


1502 


Mann 


05/02/95 


94 CSE 


1503 


Mann 


05/02/95 


94 CSE 


1504 


Gray 


06/26/95 


94 CSE 


1505 


Gray 


04/07/95 


94 CSE 


1508 


Gray 


03/31/95 


94 CSE 1511 


Gray 


03/02/95 


94 CSE 


1512 


Gray 


04/07/95 


94 CSE 


1513 


Gray 


04/28/95 


94 CSE 


1515 


Morrison 


08/04/95 


94 CSE 


1533 


Morrison 


03/02/95 


94 CSE 


1534 


Morrison 


04/06/95 


94 CSE 


1535 


Morrison 


06/26/95 


94 CSE 


1536 


Morrison 


09/21/95 


94 CSE 


1537 


Morrison 


04/06/95 


94 CSE 


1538 


Reilly 


03/03/95 


94 CSE 


1539 


Reilly 


03/07/95 


94 CSE 


1541 


Reilly 


03/07/95 


94 CSE 


1542 


Reilly 


04/10/95 


94 CSE 


1543 


West 


03/06/95 


94 CSE 


1544 


West 


06/23/95 


94 CSE 


1545 


West 


07/18/95 


94 CSE 


1546 


West 


08/25/95 


94 CSE 


1547 


West 


07/18/95 


94 CSE 


1548 


West 


05/22/95 


94 CSE 


1549 


Nesnow 


06/02/95 


94 CSE 1551 


Nesnow 


07/26/95 


94 CSE 


1552 


Nesnow 


09/28/95 


94 CSE 


1553 


Nesnow 


03/30/95 


94 CSE 


1554 


Becton 


03/07/95 


94 CSE 1555 


Becton 


03/07/95 


94 CSE 


1562 


Becton 


04/07/95 


94 CSE 


1563 


Becton 


04/07/95 


94 CSE 1564 


Becton 


05/22/95 


94 CSE 


1567 


Chess 


06/02/95 


94 CSE 


1569 


Chess 


03/07/95 


94 CSE 


1570 


Chess 


06/28/95 


94 CSE 


1571 


Chess 


04/19/95 


94 CSE 


1572 


West 


03/14/95 


94 CSE 


1573 


West 


03/31/95 


94 CSE 


1576 


West 


07/18/95 


94 CSE 


1577 


Reilly 


04/10/95 


94 CSE 


1578 


Reilly 


04/10/95 


94 CSE 


1579 


Reilly 


03/03/95 


94 CSE 


1580 


Reilly 


04/10/95 


94 CSE 


1582 


Morrison 


04/06/95 


94 CSE 


1583 


Morrison 


04/06/95 


94 CSE 


1584 


Morrison 


03/07/95 


94 CSE 


1585 


Morrison 


07/26/95 


94 CSE 


1586 


Morrison 


04/06/95 


94 CSE 


1587 


Gray 


04/28/95 



PUBLISHED DECISION 
REGISTER CITATION 



10.18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2425 



CONTESTED CASE DECISIONS 



AGENCY 



Martin A. Greene v. Department of Human Resources 
Dennis W. Nolan v. Department of Human Resources 
Roderick Odell Adams v. Department of Human Resources 
Jonathan L. Payne II v. Department of Human Resources 
Charles Scott Wilhoit v. Department of Human Resources 
Mickey Bridged v. Department of Human Resources 
John Kimmons v. Department of Human Resources 
Randolph J. Nunn v. Department of Human Resources 
David Lester Gordon v. Department of Human Resources 
Larry James Walker, Jr. v. Department of Human Resources 
Wade A. Burgess v. Department of Human Resources 
Gary Jones v. Department of Human Resources 
Anthony Harrison v. Department of Human Resources 
Eddie L. Oliver HI v. Department of Human Resources 
Michael D. Tyree v. Department of Human Resources 
Edward Fisher v. Department of Human Resources 
Leroy Jones v. Department of Human Resources 
Bernard Cooper v. Department of Human Resources 
William Gray v. Department of Human Resources 
Edward Lockhart v. Department of Human Resources 
Duane B. Marshbum v. Department of Human Resources 
Jimmy R. Jackson v. Department of Human Resources 
Mark A. Jones v. Department of Human Resources 
Ondino Damota Freitas v. Department of Human Resources 
Tony Monzell Perry v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
James B. Stokes Jr. V. Department of Human Resources 
Edith Christine Spurlock v. Department of Human Resources 
Andrew P. Jergens v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Eric L. McDonald v. Department of Human Resources 
Kevin Close v. Department of Human Resources 
Stephen L. Blankenship v. Department of Human Resources 
Herbert T. Robertson v. Department of Human Resources 
Rodney DC Barnes v. Department of Human Resources 
Kenny R. Bradshaw v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Ronnie P. Stephens v. Department of Human Resources 
Anthony B. Gardner v. Department of Human Resources 
Timothy C. Okeke v. Department of Human Resources 
Lewis M. Scarborough v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
Robert Larry Martin v. Department of Human Resources 
Dwane M. Williams v. Department of Human Resources 
Joseph O. Evans v. Department of Human Resources 
Donald E. Kirby v. Department of Human Resources 
Darell D. Gautier v. Department of Human Resources 
Paul R. Ross v. Department of Human Resources 
Bobby Dain Massey v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Carol Jeanne Deese v. Department of Human Resources 
James Wright Jr. v. Department of Human Resources 
Joyce Ann Wilkinson v. Department of Human Resources 
Levern Wilson, Jr. v. Department of Human Resources 
Michael A. Bradford v. Department of Human Resources 
dayman R. Norfleet v. Department of Human Resources 
Johnny C. Cole v. Department of Human Resources 
Rasoul Behboudi v. Department of Human Resources 
David L. Hill v. Department of Human Resources 
Keith Matthews v. Department of Human Resources 
Ernest N. Pruitt, Jr. v. Department of Human Resources 
Troy Cage v. Department of Human Resources 
Clyde R. Gaither v. Department of Human Resources 
Randy E. Baker v. Department of Human Resources 
James Glenn Locklear v. Department of Human Resources 
Walter Swimiak v. Department of Human Resources 
William Rann v. Department of Human Resources 
Inez Brown v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


AU 


DECISION 


94 CSE 


1588 


Gray 


08/11/95 


94 CSE 


1590 


Gray 


03/31/95 


94 CSE 


1591 


Gray 


04/07/95 


94 CSE 


1592 


Morrison 


04/06/95 


94 CSE 


1594 


Reilly 


04/21/95 


94 CSE 


1595 


West 


05/08/95 


94 CSE 


1596 


Ncsnow 


04/17/95 


94 CSE 


1608 


Mann 


03/21/95 


94 CSE 


1609 


Mann 


03/13/95 


94 CSE 


1610 


Chess 


06/01/95 


94 CSE 


1611 


Chess 


06/09/95 


94 CSE 


1612 


Chess 


07/12/95 


94 CSE 


1615 


Becton 


04/07/95 


94 CSE 


1616 


Beaton 


07/10/95 


94 CSE 


1619 


Becton 


04/07/95 


94 CSE 


1621 


Becton 


04/07/95 


94 CSE 


1622 


Nesnow 


07/05/95 


94 CSE 


1623 


Nesnow 


04/17/95 


94 CSE 


1645 


Becton 


04/25/95 


94 CSE 


1646 


Chess 


06/02/95 


94 CSE 


1647 


Mann 


08/03/95 


94 CSE 


1648 


Gray 


03/09/95 


94 CSE 


1649 


Morrison 


03/07/95 


94 CSE 


1650 


Reilly 


03/07/95 


94 CSE 


1651 


West 


04/07/95 


94 CSE 


1652* 5 


Reilly 


05/16/95 


94 CSE 


1653 


Becton 


04/07/95 


94 CSE 


1654 


Chess 


07/19/95 


94 CSE 


1655 


Mann 


05/22/95 


94 CSE 


1656 


Gray 


03/02/95 


94 CSE 


1657 


Morrison 


04/06/95 


94 CSE 


1677 


West 


08/10/95 


94 CSE 


1678 


Becton 


07/28/95 


94 CSE 


1679 


Chess 


06/28/95 


94 CSE 


1680 


Mann 


11/16/95 


94 CSE 


1700 


Reilly 


04/10/95 


94 CSE 


1702 


Becton 


04/07/95 


94 CSE 


1703 


Chess 


06/28/95 


94 CSE 


1704 


Mann 


05/02/95 


94 CSE 


1724 


Reilly 


08/08/95 


94 CSE 


1725 


West 


05/25/95 


94 CSE 


1749*10 


Becton 


07/28/95 


94 CSE 


1750 


Chess 


03/21/95 


94 CSE 


1759 


Nesnow 


06/09/95 


94 CSE 


1766 


Chess 


03/21/95 


94 CSE 


1767 


Reilly 


03/03/95 


94 CSE 


1768 


Mann 


08/03/95 


94 CSE 


1778 


West 


03/06/95 


94 CSE 


1798 


Gray 


04/27/95 


94 CSE 


1799* 6 


Gray 


05/31/95 


94 CSE 


1814 


Morrison 


04/27/95 


94 CSE 


1826 


Nesnow 


07/11/95 


95 CSE 0071 


Becton 


04/04/95 


95 CSE 0073 


Chess 


06/28/95 


95 CSE 0116 


Mann 


05/25/95 


95 CSE 0117 


Morrison 


07/11/95 


95 CSE 0118 


Reilly 


06/22/95 


95 CSE 0147 


West 


05/18/95 


95 CSE 0200 


Becton 


08/29/95 


95 CSE 0205 


Chess 


07/19/95 


95 CSE 0206 


Phipps 


07/21/95 


95 CSE 0207 


Phipps 


07/26/95 


95 CSE 0208 


Phipps 


07/31/95 


95 CSE 0226 


Nesnow 


07/28/95 


95 CSE 0229 


Phipps 


07/31/95 


95 CSE 0230 


West 


07/18/95 


95 CSE 0273 


Phipps 


06/27/95 


95 CSE 0279 


Phipps 


07/21/95 



PUBLISHED DECISION 
REGISTER CITATION 



• 



t 



♦ 



2426 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CONTESTED CASE DECISIONS 



> 



> 



AGENCY 



Matthew L. Ward v. Department of Human Resources 
Sanders Gilliard Hunter v. Department of Human Resources 
James A. Bishop Jr. v. Department of Human Resources 
Mark C. Bushrod v. Department of Human Resources 
Antoine D. Jones v. Department of Human Resources 
Bennie L. Little v. Department of Human Resources 
Yvonne Butler v. Department of Human Resources 
Derrick Leon Henry v. Department of Human Resources 
Raul A. Dinzey v. Department of Human Resources 
David Dean Davis v. Department of Human Resources 
Frank McGirt v. Department of Human Resources 
Kelly Thomas Felty v. Department of Human Resources 
Robert Lee Elliott v. Department of Human Resources 
Kelvin M. Tarlton v. Department of Human Resources 
Clarence O. Hilliard v. Department of Human Resources 
Larry James McGirt v. Department of Human Resources 
Alonzo Wilson v. Department of Human Resources 
Reginald Hill v. Department of Human Resources 
Rhonda D. Deaton v. Department of Human Resources 
Timothy W. Barber v. Department of Human Resources 
Rudolph C. Williams v. Department of Human Resources 
John K. Bostic v. Department of Human Resources 
Eva T. Wilson v. Department of Human Resources 
Robert Lee Smith, Jr. v. Department of Human Resources 
Dave L. James v. Department of Human Resources 
Robert Lee Bullock v. Department of Human Resources 
Augusta Hepburn v. Department of Human Resources 
Kenneth Walter Dudney v. Department of Human Resources 
Michael Watts Sr. v. Department of Human Resources 
Chris Brown v. Department of Human Resources 
Kenneth Collins v. Department of Human Resources 
Walter Richardson, Jr. v. Department of Human Resources 
James M. Melvin v. Department of Human Resources 
Alvin L. Martin v. Department of Human Resources 
Kirk Shannon Baker v. Department of Human Resources 
Reginald L. Woods v. Department of Human Resources 
Willie Gadson v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Cerulean Fetherson v. Department of Human Resources 
Willie M. Herring v. Department of Human Resources 

Distribution Child Support 

Lisa J. Hill v. DHR, Div. of Social Svcs., Child Support Enf. Section 

Hoke County Social Services 



Mr. and Mrs. William Jefferson v. Hoke Cty Soc Svcs, Linda Cromartie 95 DHR 0857 

Rockingham County Department of Social Senices 
Crystean Fields v. Rockingham County DSS 95 DHR 0316 

Wake County Social Senices 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


95 CSE 0280 


Phipps 


06/27/95 


95 CSE 0284 


Phipps 


05/22/95 


95 CSE 0292 


Gray 


08/07/95 


95 CSE 0297 


Morrison 


07/26/95 


95 CSE 0300 


Reilly 


07/21/95 


95 CSE 0313 


Morrison 


07/21/95 


95 CSE 0319 


Becton 


09/18/95 


95 CSE 0321 


Chess 


07/17/95 


95 CSE 0344 


Mann 


08/03/95 


95 CSE 0350 


Phipps 


07/26/95 


95 CSE 0351 


Gray 


08/07/95 


95 CSE 0360 


Morrison 


08/07/95 


95 CSE 0369 


Reilly 


10/09/95 


95 CSE 0370 


West 


07/26/95 


95 CSE 0371 


Reilly 


05/25/95 


95 CSE 0389 


Nesnow 


08/10/95 


95 CSE 0414 


Becton 


07/28/95 


95 CSE 0438 


Becton 


07/21/95 


95 CSE 0489 


Becton 


07/05/95 


95 CSE 0491 


Phipps 


08/07/95 


95 CSE 0492 


Gray 


07/18/95 


95 CSE 0493 


Nesnow 


08/02/95 


95 CSE 0520 


Reilly 


07/21/95 


95 CSE 0528 


West 


08/25/95 


95 CSE 0539 


Mann 


07/21/95 


95 CSE 0559 


Phipps 


07/31/95 


95 CSE 0573 


Gray 


08/28/95 


95 CSE 0575 


Morrison 


09/12/95 


95 CSE 0628 


Nesnow 


09/26/95 


95 CSE 0695 


Phipps 


08/25/95 


95 CSE 0709 


Chess 


10/27/95 


95 CSE 0710 


Chess 


09/26/95 


95 CSE 0719 


Phipps 


10/10/95 


95 CSE 0733 


Gray 


10/05/95 


95 CSE 0734 


Morrison 


10/06/95 


95 CSE 0759 


Reilly 


11/08/95 


95 CSE 0783 


Nesnow 


10/26/95 


95 CSE 0814 


Becton 


09/28/95 


95 CSE 0900 


Phipps 


11/07/95 


95 CSE 0913 


Gray 


09/25/95 



PUBLISHED DECISION 
REGISTER CITATION 



95 DCS 0239 



Grace A. Wright v. Wake County Social Services., Suzanne Woodell 
and Craig Glenn 



94 DHR 1618 



) 



Division of Vocational Rehabilitation Service 

Marcus Bryan Sloan, E v. Division of Vocational Rehabilitation Service 95 DHR 1000 

INSURANCE 

Grace F. Watkins v. Teachers' & St. Emp. Comp. Major Med. Plan 94 INS 1639 

Billy Gene Campbell v. Department of Insurance 95 INS 0143 

Karen Wingert Bunch v. Teachers' & St. Emp. Comp. Major Med. Plan 95 INS 0243 



Phipps 



Gray 



Reilly 



Chess 



Chess 



05/02/95 



08/17/95 



06/01/95 



05/03/95 



11/15/95 



Chess 


05/24/95 


Reilly 


04/20/95 


Morrison 


07/21/95 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2427 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



JUSTICE 

Alarm Systems Licensing Board 

Patrick P. Sassman v. Alarm Systems Licensing Board 
Chad R. Fuller v. Alarm Systems Licensing Board 
Malcolm K. Teague v. Alarm Systems Licensing Board 

Education and Training Standards Division 

Richard Terry Locklear v. Criminal Justice Ed. & Training Stds. Comm- 
and 

Sheriffs' Education and Training Standards Commission 
Ricky Dale McDevitt v. Sheriffs Ed. & Training Stds. Comm. 
Reginald Keith Goffington v. Ciminal Justice Ed. & Training Stds. Comm. 
Nervin Joseph DeDeaux v. Criminal Justice Ed. & Training Stds. Comm. 
Tony Lamont Blackmon v. Criminal Justice Ed. & Training Stds. Comm. 
Constance F. Lawrence v. Sheriffs Ed. & Training Stds. Comm. 
Alexander Douglas Jones v. Criminal Justice Ed. & Training Stds. Comm. 
Marilyn Jean Britt v. Sheriffs Ed. & Training Stds. Comm. 
Antonio Tremont Davis v. Sheriffs Ed. & Training Stds. Comm. 
Amy Rebecca Batcheler v. Sheriffs Ed. &. Training Stds. Comm. 
Richard Terry Locklear v. Criminal Justice Ed. & Training Stds. Comm. 
and 

Sheriffs' Education and Training Standards Commission 
Richard Dan Wuchte v. Criminal Justice Ed. & Training Stds. Comm. 
Henry Roger Judd v. Sheriffs Ed. &. Training Stds. Comm. 
Daryl Tyrone Beard v. Criminal Justice Ed. &. Training Stds. Comm. 
Jewel T. Bras well v. Criminal Justice Ed. & Training Stds. Comm. 
George H. Powell Jr. v. Criminal Justice Ed. & Training Stds. Comm. 
Mark Jason Smith v. Sheriffs Ed. &. Training Stds. Comm. 
Bryan Keith Bradley v. Sheriffs Ed. & Training Standards Commission 
Ernie Lowery v. Criminal Justice Ed. & Training Standards Commission 
Jeffrey Andre Jenkins v. Criminal Justice Ed. & Training Stds. Comm. 

Private Protective Services Board 

Lewis Austin Saintsing v. Private Protective Services Board 
Marcus T. Williams v. Private Protective Services Board 
Melvin Ray Cooper v. Private Protective Services Board 
Donnell E. Morrow, Jr. v. Private Protective Services Board 
Private Protective Services Board v. James C. Purvis 
Private Protective Services Board v. Samuel O. Smith 
Jann Mitchell Stanley v. Private Protective Services Board 
Donald Wayne Clark v. Private Protective Services Board 
Richard Frank v. Private Protective Services Board 
Marvin E. Shackleford v. Private Protective Services Board 
Julius T. Fairley v. Private Protective Services Board 
James L. McLeary, Jr. v. Private Protective Services Board 
Bobby E. Smithey v. Private Protective Services Board 
Frederick B. Moore, Jr. v. Private Protective Services Board 
Daniel C. Inglese v. Private Protective Services Board 
Walter Lee Watson v. Private Protective Services Board 
Charles Ray Gable v. Private Protective Services Board 
Robert Baxter McGuire, Sr. v. Private Protective Services Board 
Raymond Douglas Boggs v. Private Protective Services Board 

LABOR 



♦ 



94 DOJ 1825 


Reilly 


03/09/95 


95 DOJ 0716 


West 


08/18/95 


95 DOJ 0765 


Nesnow 


10/19/95 



94 DOJ 1006*" 


West 


10/30/95 


10:17 NCR 2255 


94 DOJ 1710 


Nesnow 


05/04/95 


10:05 NCR 324 


95 DOJ 0028 


Becton 


06/08/95 




95 DOJ 0029 


Reilly 


05/16/95 




95 DOJ 0043 


Reilly 


06/02/95 




95 DOJ 0076 


Morrison 


04/06/95 




95 DOJ 0101 


Morrison 


06/13/95 


10:07 NCR 627 


95 DOJ 0172 


Gray 


08/03/95 




95 DOJ 0298 


Phipps 


08/08/95 




95 DOJ 0364 


West 


08/16/95 




95 DOJ 0365* 14 


West 


10/30/95 


10:17 NCR 2255 


95 DOJ 0401 


Nesnow 


06/07/95 




95 DOJ 0431 


Nesnow 


08/02/95 




95 DOJ 0566 


Gray 


10/11/95 




95 DOJ 0730 


Phipps 


09/11/95 




95 DOJ 0784 


Phipps 


09/08/95 




95 DOJ 0795 


Gray 


08/14/95 




95 DOJ 0796 


Reilly 


11/28/95 




95 DOJ 0898 


Nesnow 


11/17/95 




95 DOJ 1408 


Phipps 


07/31/95 





♦ 



94 DOJ 1000 


Chess 


03/03/95 




94 DOJ 1064 


Chess 


02/24/95 




94 DOJ 1635 


Reilly 


03/09/95 




94 DOJ 1823 


Reilly 


03/09/95 




95 DOJ 0018 


Chess 


05/15/95 




95 DOJ 0133 


Chess 


05/09/95 




95 DOJ 0420 


Morrison 


05/24/95 




95 DOJ 0444 


Phipps 


07/14/95 


10:09 NCR 805 


95 DOJ 0610 


Phipps 


08/10/95 




95 DOJ 0611 


Phipps 


07/18/95 




95 DOJ 0612 


Phipps 


07/20/95 




95 DOJ 0613 


Phipps 


07/18/95 




95 DOJ 0717 


West 


08/23/95 


10:12 NCR 1039 


95 DOJ 0766 


Morrison 


09/01/95 




95 DOJ 0767 


Morrison 


08/30/95 




95 DOJ 0768 


West 


10/09/95 




95 DOJ 0975 


Gray 


10/17/95 




95 DOJ 0977 


Gray 


10/17/95 




95 DOJ 1138 


Reilly 


11/30/95 





Occupational Safety & Health Division 

Lenoir County Public Schools v. Department of Labor, OSHA 

Private Personnel Service Division 

Employment Consultants, Inc. v. Private Personnel Sen-ice Division 



95 DOL 0218 Nesnow 



95 DOL 0209 Morrison 



05/01/95 



07/07/95 



# 



2428 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



) 



Wage and Hour Division 

R.J. Scott, Pres. Pirate Enterprises, Inc. v. Labor, Wage & Hour Div. 94 DOL 1524 

PRACTICING PSYCHOLOGISTS 



> 



John E. Miller v. Psychology Board 
PUBLIC INSTRUCTION 

Glean 0, on behalf of Glenn II, and Glenn U, Individually v. Charlotte- 
Mecklenburg County Schools 

Donna Marie Snyder v. Department of Public Instruction 

S.M. on Behalf of J. A.M., and S.M., Individually, and J.M. v. Davie 
County Board of Education 

William Hewett v. State Board of Education 

James Midgette v. State Board of Education 

Deborah R. Crouse v. State Board of Education 

Haydn Stewart Hasty v. State Board of Education 

Bobby G. Little v. Department of Public Instruction 

Tonya Marie Snipes and Robert Leon Snipes v. Orange County Schools 

Vance County Schools v. Haywood Yarborough 

Laverne K. Suggs v. Department of Public Instruction 

Lavern K. Suggs v. Guilford County Schools 

Kenneth G.H. Leftwich v. State Board of Education 

Madeline J. Taylor v. Department of Public Instruction 

William Andrew McCullough v. Public Instruction, Licensure Section 

STATE BAR 

Phillip S. Banks, HI v. North Carolina State Bar 

STATE PERSONNEL 

Caswell County Health Department 

Delia Brown v. Caswell County Health Department 
Julie R. Johnson v. Caswell County Health Department 

N.C. Central University 

Peter A. Fore v. N.C. Central University 



95 BPP 0629 



95 BAR 0861 



94 OSP 0834 
94 OSP 0865 



93 OSP 0189 



Department of Commerce 

T. Sherwood Jemigan v. Dept. of Commerce, Savings Institution Div. 94 OSP 0775 



) 



Department of Community Colleges 

Sheila M. Thompson v. Department of Community Colleges 

Department of Correction 

Nancy Gilchrist v. Department of Correction 

Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole 

Thomas Wayne Smathers v. Department of Correction 

George J. McClease, Jr. v. Department of Correction 

Gaius Wells v. Department of Correction 

Nancy C. Walker v. Department of Correction 

Jeffrey Leonard Jenkins v. Dept of Correction/Piedmont Correctional Inst 

Ruth Kearney v. Department of Correction 

Ann R. Fletcher v. Department of Correction 

Odell Davis v. Department of Correction 

James W. Hughes v. Department of Correction, Blue Ridge Unit Avery 

Dennis Harrell v. Department of Correction 

William E. Norwood, Jr. v. Department of Correction 

Shelby Gorham-Teel v. Department of Correction 

Larry Riddle v. Department of Correction 



94 OSP 1530 



West 



Nesnow 



Morrison 



Nesnow 

Reilly 



Nesnow 



West 



Chess 



03/23/95 



09/12/95 



93 EDC 0549 


Chess 


03/16/95 




93 EDC 0731 


Chess 


10/11/95 




93 EDC 0742 


Phipps 


05/30/95 




94 EDC 0533 


Gray 


03/31/95 


10:02 NCR 179 


94 EDC 1401 


Reilly 


05/02/95 




95 EDC 0003 


Chess 


04/10/95 




95 EDC 0027 


Reilly 


10/09/95 


10:15 NCR 1632 


95 EDC 0168 


Phipps 


03/20/95 




95 EDC 0225 


Mann 


05/15/95 




95 EDC 0235 


Mann 


08/04/95 




95 EDC 0384 


Nesnow 


07/12/95 




95 EDC 0385 


Nesnow 


06/02/95 




95 EDC 0405 


Nesnow 


05/25/95 




95 EDC 0525 


Phipps 


10/25/95 




95 EDC 0915 


Gray 


10/30/95 





08/18/95 



06/12/95 
03/15/95 



06/13/95 



05/25/95 



11/01/95 



10:17 NCR 2272 



94 OSP 0121 


West 


03/09/95 




94 OSP 0332 


West 


05/15/95 




94 OSP 0590 


West 


03/23/95 




94 OSP 0644 


Gray 


04/19/95 




94 OSP 0684 


West 


10/12/95 


10:15 NCR 1610 


94 OSP 1206 


Gray 


08/18/95 




94 OSP 1802 


West 


11/29/95 




94 OSP 1807 


Becton 


03/13/95 




95 OSP 0123 


Chess 


08/21/95 




95 OSP 0244 


Gray 


09/21/95 




95 OSP 0334 


Becton 


07/25/95 




95 OSP 0440 


Phipps 


09/05/95 


10:13 NCR 1209 


95 OSP 0500 


Gray 


08/16/95 




95 OSP 0536 


Reilly 


10/23/95 




95 OSP 0570 


West 


10/18/95 





10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2429 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Eric Little v. Department of Correction, Morrison Youth Institution 95 

Cynthia R. Steven v. N.C. Women's Prison 95 

Mark R. Murphy v. Department of Correction 95 

Department of Crime Control and Public Safety 

Betty Sue Whitley v. National Guard Dept. Crime Control &. Public Safety94 
Robert W. Beasley v. Crime Control & Public Safety, St. Highway Patrol 94 



OSP 0658 
OSP 0829 
OSP 1047 



OSP 1399 
OSP 1821 



Phipps 

Chess 

Nesnow 



Chess 
Morrison 



Nesnow 



Gray 



Phipps 



94 OSP 1558 


Reilly 


09/07/95 


95 OSP 0038*" 


Becton 


06/08/95 


95 OSP 0057*" 


Becton 


06/08/95 



Gray 



Chess 
Becton 



Office of the District Attorney 

Shannon Caudill v. Office of the District Attorney for Judicial 95 OSP 0188 

District 17-B, and Administrative Office of the Courts 

Dorothea Dix Hospital 

Paul E. Hunter v. Dorothea Dix Hospital 95 OSP 0504 

Durham County Health Department 

Laurie A. Gerhard v. Durham County Health Department 95 OSP 0220 

East Carolina University 



Helen E. Wolfe v. East Carolina University, Dept. of Biology 

Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, el al. 

Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 



Edgecombe County Health Department 

Ronald E. Wooten v. Edgecome County Health Department 94 OSP 1209 

Department of Environment, Health, and Natural Resources 

Babette K. McKemie v. EHNR, Div. of Environmental Management 94 OSP 0358 

James M. Kelly v. Dept of Environment, Health, & Natural Resources 95 OSP 0777 

Fayetteville State University 

George Benstead v. Fayetteville State University 
Lt. Bobby McEachern v. FSU Police Department 
Officer Gregor A. Miles v. FSU Police Department 

Forsyth Stokes Mental Health Center 

Michael Howell v. Forsyth Stokes Mental Health Center 94 OSP 0499 Chess 

Guilford County Mental Health 

Darrell Edwin Fricke v. Guilford County Mental Health (Thomas S. Div.) 95 OSP 0942 West 

Department of Human Resources 



April Benfield v. Department of Human Resources 
and 
Western Carolina Center 
Geraldine Blackston v. DHR, NC Special Care Center 
Eugene Hightower, Jr. v. Department of Human Resources, EEO 
Rebecca Johnson v. Human Resources, Special Care Center 
Edward E. Williams v. NC Special Care Center, Def./Emp, DHR 

Black Mountain Center 



James Harrison v. Black Mountain Center, Dept. of Human Resources 94 OSP 0994*" Gray 
James Harrison v. Black Mountain Center, Dept. of Human Resources 95 OSP 0190*" Gray 



10/18/95 
10/24/95 
10/26/95 



06/13/95 
08/10/95 



03/20/95 



07/12/95 



08/17/95 



07/10/95 



05/31/95 
11/27/95 



94 OSP 1597 


Nesnow 


04/04/95 


95 OSP 0042*' 


Reilly 


07/05/95 


95 OSP 0058*' 


Reilly 


07/05/95 



03/24/95 



09/22/95 



07/31/95 
07/31/95 



' 



10:11 NCR 965 



10:12 NCR 1043 



10:18 NCR 2449 



♦ 



94 OSP 1758 


Nesnow 


06/07/95 




94 OSP 1773 


Becton 


11/17/95 


10:18 NCR 2433 


94 OSP 1811 


West 


05/04/95 




95 OSP 0138 


West 


03/31/95 




95 OSP 0483 


Reilly 


10/03/95 





# 



2430 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 

DEC IS ION 



PUBLISHED DECISION 
REGISTER CITATION 



Caswell Center 
David A. Kilpatrick v. DHR, Caswell Center 
Cherry Hospital 



95 OSP 0267 



William H. Cooke v. DHR, Cherry Hospital 93 OSP 1547 

Sandra Chase Butts v. Department of Human Resources, Cherry Hospital 95 OSP 0047 

Deloris L. Johnson v. Cherry Hospital, DHR 95 OSP 0409 

Durham County Department of Social Services 

Delores H. Jeffers v. Durham County Department of Social Services 94 OSP 0939 

Jacquenetta Blackwell v. Durham County Department of Social Services 95 OSP 0692 



Gaston County Department of Social Services 
Bobbie J. Gilliam v. Gaston County Department of Social Services 

Halifax County Department of Social Services 
Robert E. Sykes v. Halifax County Department of Social Services 

Iredell County Department of Social Services 



94 OSP 0770 



94 OSP 0826 



Nesnow 



Gray 
West 
Gray 



Morrison 
Reilly 



West 



Gray 



) 



94 OSP 0282 
94 OSP 0739 



95 OSP 0700 



95 OSP 0055 



Becton 
Chess 



Reilly 



Reilly 



Vernon E. Grosse v. Iredell County Department of Social Services 
Bonnie N. Bellamy v. Iredell County Department of Social Services 

Division of Medical Assistance 
George F. Knight v. Division of Medical Assistance, DHR 

Richmond County Department of Social Senices 
Emma Jane Bradley v. Richmond County Dept. of Social Services 

Wake County Department of Health 

Regina K. Crowder v. Wake County/Health Dept., Caroline E. Lee, Dir. 94 OSP 1032* 8 Nesnow 
Sabrina R. Crowder v. Wake County/Health Dept., Richard Stevens 94 OSP 1072 * 8 Nesnow 

Thomasine D. Avery v. Wake County/Health Department 94 OSP 1074* 8 Nesnow 

Wake County Department of Social Senices 

Olivia L. Jordan v. Wake County/Department of Social Services 

Department of Labor 

Michael Robert Smith v. Department of Labor 



94 OSP 1179* 8 Nesnow 



94 OSP 0610 



Nesnow 



Lee~Harnett Area Mental Health, Developmental Disabilities, and Substance Abuse Authority 



) 



Julie Dyer v. Lee-Harnett Area MH/DD/SA Authority 

North Carolina Special Care Center 

Lynn Banasiak Bass v. North Carolina Special Care Center 

North Carolina State University 

Artelia S. Clark v. N.C. State University 

Wesley Brown v. N.C. State University 

David L. Bauer v. North Carolina State University 

Billy Ray Kelly v. NCSU Physical Plant 

Heather Ann Waskiowicz v. NCSU, Dept. of Public Safety 

Antoinette Chavis-Seott v. N.C.S.U. Accounts Payable 



94 OSP 0750 



95 OSP 0419 



Gray 



Phipps 



89 OSP 0612 


Nesnow 


94 OSP 1173 


Reilly 


95 OSP 0044 


Morrison 


95 OSP 0130 


West 


95 OSP 0213 


Phipps 


95 OSP 0800 


Chess 



10/25/95 



03/16/95 
11/29/95 
08/25/95 



06/12/95 
11/28/95 



05/24/95 



11/15/95 



03/09/95 
03/01/95 



11/28/95 



07/18/95 



06/12/95 
06/12/95 
06/12/95 



06/12/95 



06/09/95 



03/20/95 



08/01/95 



07/07/95 
06/30/95' 
04/25/95 
03/22/95 
07/06/95 
10/31/95 



10:18 NCR 2442 



10:01 NCR 48 



10:09 NCR 809 



10:08 NCR 700 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2431 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Orange-Person-Chatham Mental Health 

Patricia A. Harris v. Orange- Person-Chatham Mental Health 

Department of Revenue 

Wayne Davenport v. Department of Revenue, Motor Fuels Tax Division 

Richmond Community College 

Willie J. Breeden v. Richmond Community College 

Department of Transportation 

Michael E. Kornegay v. Department of Transportation 

Robert F. Goins v. Department of Transportation 

Esther Doe Murphy v. Department of Transportation 

Debra R. Embden v. DOT, Division of Motor Vehicles 

Mary Matthews Finnerty v. Department of Transportation 

Lonnie Joseph Cole v. NC DOT (TTTs Boone NC) Div. of HwyB 

Judy H. Arnold v. Department of Transportation, Div. of Motor Vehicles 

Untion County Schools 

Carolyn H. Elkins v. Union County Schools 

University of North Carolina 

Beth Ann Miller v. UNC Student Health 

Roberta Jones v. University of North Carolina-Chapel Hill 



95 OSP 0162 



95 OSP 0902 



95 OSP 0846 



95 OSP 0948 



94 OSP 0800 
94 OSP 1718 



UNC Hospitals 

David Patrick Malone v. Univ. of NC Hospital at Chapel Hill 
Lillian C. Daniels v. UNC Hospital 

Wake County 

Mark Morgan v. Wake County 

STATE TREASURER 



94 OSP 0771 

95 OSP 0056 



94 OSP 0937 



West 



Becton 



Gray 



93 OSP 1700 


Gray 


94 OSP 0281 


Chess 


95 OSP 0114 


Gray 


95 OSP 0411 


Morrison 


95 OSP 0412 


Nesnow 


95 OSP 0606 


West 


95 OSP 1075 


Becton 



Reilly 



Nesnow 
Chess 



Becton 
Morrison 



Nesnow 



04/11/95 



11/03/95 



09/13/95 



03/24/95 
05/30/95 
07/10/95 
11/01/95 
11/02/95 
10/24/95 
07/31/95 



11/03/95 



05/25/95 
10/31/95 



03/14/95 
05/11/95 



04/28/95 



' 



10:17 NCR 2286 



10:17 NCR 2276 



I 



10:04 NCR 287 



John W. Parris v. Bd. of Trustees//NC Local Gov. Emp. Retirement Sys. 
Channie S. Chapman v. Bd/Trustee8//NC Local Gov. Emp. Ret Sys. 
Bryan L. Basden v. Retirement Systems Division 
Wayne La Broad v. Bd./Trustees//Teachers/St. Emp. Retirement Sys. 
Tammy Evonne Ashcroft Brownv. BdATr.//NC Local Gov. Emp. Ret Sys. 

UNIVERSITY OF NORTH CAROLINA 



91 DST 1093 


Nesnow 


94 DST 0443 


Morrison 


95 OSP 0171 


Chess 


95 DST 0219 


Morrison 


95 DST 0404 


Phipps 



05/04/95 
05/15/95 
06/21/95 
07/14/95 
07/27/95 



10:10 NCR 872 



Jerry B. Poner, Sr. v. UNC Hospitals at Chapel Hill 

Judy Blacknell v. University of NC Hospitals at Chapel Hill 



95 UNC 0502 
95 UNC 0865 



Gray 
Chess 



09/12/95 
11/15/95 



♦ 



2432 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF WILSON 



IN THE OFFICE OF 
ADMINISTRATIVE HEARINGS 

94 OSP 1773 



GERALDINE BLACKSTON 
Petitioner, 



v. 



N.C. DEPARTMENT OF HUMAN RESOURCES, 
NORTH CAROLINA SPECIAL CARE CENTER, 
Respondent. 



RECOMMENDED DECISION 



This matter was heard before the undersigned administrative law judge in Wilson, North Carolina on May 2 and 
May 3, 1995. At the conclusion of the hearing, the parties were afforded an opportunity to file post-hearing submissions. 
The record was closed on October 4, 1995. 

APPEARANCES 

Wesley Abney, Attorney, Eastern Carolina Legal Services, Goldsboro, North Carolina. 

Lisa G. Corbett, Associate Attorney General, North Carolina Department of Justice, Raleigh, 
North Carolina. 

ISSUE 



For Petitioner: 
For Respondent: 



Whether the Respondent, N.C. Special Care Center, had just cause to dismiss the Petitioner from employment. 

STATUTES AND RULES INVOLVED 

N.C. Gen. Stat. §126-34 

N.C. Gen. Stat. §126-35 

N.C. Gen. Stat. §126-37 

N.C. Gen. Stat. §§150B-22 to -34 

29 U.S.C. §§2601 to 2619 

25 NCAC U .0603 to .0609 

25 NCAC IE .1501 to .1506 

State Personnel Manual Section 9 

N.C. Special Care Center Leave Policy 

EXHIBITS 

The following exhibits offered by the Petitioner were received in evidence: 

PI. Note from Nurse Barefoot dated 2/26/94. 

P2. Note from Robert Stone, M.D. dated 5/6/94. 

P3. Notice of training classes for August, 1994. 

P4. Letter to the Petitioner from Dale Hilburn and Dick Yell dated 2/13/90. 

P5. Memo to the Petitioner from Dick Yell dated 5/5/91. 

P6. Letter from the Petitioner to Renee Batts dated 6/24/94. 

P7. Letter from the Petitioner to JoAnn Garner dated 6/25/94. 

P8. Letter from Seth Hunt to the Petitioner dated 6/30/94. 

P9. Petition signed by the Petitioner and other employees of the Center with cover letter to Robin Britt dated 8/8/94. 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2433 



CONTESTED CASE DECISIONS 



The following exhibits offered by the Respondent were received in evidence: 

Rl. Conference record dated 10/9/92. 

Rla. Conference record dated 11/14/92. 

R2. Work Schedule for January 1993 to August 1994. 

R3. Partial floor plan of fourth floor, N.C. Special Care Center. 

R4. Daily sign in sheets for dates absent or tardy. 

R5. Steno notebook kept on ward showing calls made to ward with excuses and dates absent from 1993 to August 1994. 

R6. 9/4/93 note from Wilson Hospital nurse. 

R6a. 2/26/94 note from Chapel Hill nurse. 

R6b. 5/6/94 note from Dr. Stone. 

R7. Oral warning dated 8/28/93. 

R8. Written warning to the Petitioner dated 2/12/94. 

R9. Final Written Warning dated 6/17/94. 

RIO. August in-service calendar. 

RIOa. Scott Conference Room poster with classes through 8/22/94. 

RIOb. Scott Conference Room poster with scheduled classes through end of August 1994. 

Rll. PMS dated ending June 1991. 

Rlla. PMS dated ending June 1992. 

Rl lb. PMS dated ending 6/30/93. 

Rl lc. Partial PMS dated ending June 1994. 

Rl Id. Complete PMS dated ending June 1994. 

R12. Carol Roberson note to Renee documenting August 112, 1994 encounter with Ms. Blackston. 

R13. Letter to C. Robin Britt from the Petitioner, dated August 8, 1994. 

R14. August 30, 1994 letter from Seth Hunt to the Petitioner. 

R15. September 14, 1994 letter from Seth Hunt to Renee Batts. 

R16. November 2, 1992 letter from Renee Batts to the Petitioner. 

R17. N.C. Office of State Personnel, Personnel Manual policy on sick leave. 

R17a. N.C. Office of State Personnel, Personnel Manual policy on child involvement leave. 

R17b. N.C. Office of State Personnel, Personnel Manual policy on family and medical leave. 

R18. N.C. Special Care Center Nursing Manual policy on Absenteeism/Unapproved leave. 

R18a. N.C. Special Care Center Nursing Manual policy on Tardiness. 

R19. N.C. Special Care Center Administrative Manual policy on sick leave. 

R19a. N.C. Special Care Center Administrative Manual policy on vacation leave. 

R19b. N.C. Special Care Center Administrative Manual policy on compensatory leave. 

R20. N.C. Special Care Center policy on changes to policy. 

R20a. Interoffice Memo dated 3/16/92, 

R20b. Minutes of February 1992 staff meeting. 

R20c. Minutes of June 2, 1992 staff meeting and sign in sheets. 

R21. June 24, 2994 letter from the Petitioner to Ms. Batts. 

R22. July 14, 1994 letter from Ms. Batts to the Petitioner. 

R23. August 19, 1994 dismissal letter. 

R24. Petitioner's 1994 1040 federal tax return. 

R25. Petitioner's ESC work search records. 

R26. Petitioner's marriage license dated March 3, 1993. 

Based upon the official documents in the file, sworn testimony of the witnesses, and other competent and admissible 
evidence, the undersigned makes the following: 

FINDINGS OF FACT 

1. The Petitioner is a resident of Wilson, North Carolina, and was a resident of Wilson on August 19, 1994. 

2. From August 11, 1979 to August 19, 1994, the Petitioner was a career state employee, employed as a Health Care 
Technician at the N.C. Special Care Center (the Center). On August 19, 1994, the Petitioner was a permanent, 
part-time employee. 

3. The Petitioner was employed full time at the Center until January, 1993. At that time, she was switched to half-time 
2434 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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CONTESTED CASE DECISIONS 



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> 



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status (20 hours per week) at her own request The Petitioner requested the change because she was experiencing 
absences from work, due mainly to illness of herself and family members, and she hoped that the change to half- 
time status would help improve her attendance. (T. Vol I. pp. 105-106; 185-186; R16). 

4. As a Health Care Technician (HCT), the Petitioner's duties involved providing direct care to residents of the Center, 
including bathing, feeding, and dressing. (T. Vol. I. p. 184). She was also required to complete continuing education 
courses in order to maintain her certification. (T. Vol. I. p. 7). 

5. The Petitioner was directly supervised by Annie Mae Boykin, R.N., from some time in 1993 until the Petitioner's 
dismissal. Ms. Boykin was the second shift supervisor (3:00 p.m. until 11:00 p.m.). (T. Vol. I. p. 5). 

6. Ms. Boykin was under the supervision of Carol Roberson, Assistant Director of Nursing. (T. Vol. I. p. 19). 

7. Ms. Roberson in turn was supervised by Renee Batts, the Director of Nursing. (T. Vol. I. p. 104). 

8. Ms. Batts reported to Mr. Seth Hunt, Director of the Center. (T. Vol. I. p. 174). 

9. The Petitioner was dismissed from her position effective August 19, 1994, due to alleged inadequate job 
performance, specifically for violations of the Center's policies on attendance. (T. Vol. I. p. 139; R23). 

10. The Center implemented a policy regarding "Absenteeism/ Unapproved Leave," effective July, 1989. That policy 
provided, inter alia, that each absence of an employee would be classified by the supervisor as either approved or 
unapproved, depending upon the reason for the absence, proper notification, proper verification, etc. The 
supervisor was to note the type of leave allowed, and to immediately "conference" the employee for any unapproved 
absence. Two unapproved absences within a six month period justified a warning or step in the progressive 
disciplinary process. (T. Vol. I. pp. 39, 88, 115, 140; R18). 

11. At a later date, probably in early 1992 but prior to June, 1992, the attendance policy was verbally modified by the 
Center's management. (T. Vol. I. pp. 40, 42, 67-69, 88-89, 108). 

12. Under the modifications, the terminology "scheduled" and "unscheduled" absence was substituted for the former 
terms "approved" and "unapproved". Unscheduled absence was defined as any absence which occurred on a 
scheduled work day. All absences were to be classified as unscheduled unless an employee notified management 
of an impending absence prior to the posting of the monthly schedule. Disciplinary action was to be triggered not 
by a specific number of absences but whenever the management felt absences had become "excessive". (T. Vol. 
I. pp. 37-40, 67, 70, 88-91, 108-110, 116-120). 

13. The modifications to the policy on Absenteeism/Unapproved Leave also affected the Center's policies on tardiness, 
sick leave, vacation leave, and compensatory time, to the extent that any unscheduled absence would be coded as 
unscheduled vacation leave, unscheduled sick leave, etc. (T. Vol. I. pp. 122-123). 

14. The Absenteeism/Unapproved Leave policy was never modified in writing, and remained in its original 1989 form 
in the Center's Nursing Manual policy book through the date of the hearing in this matter. (T. Vol. I. pp. 151- 
152). 

15. No written memo or other written material regarding the modifications to the attendance policies was ever posted 
at the Center or distributed to the employees. (T. Vol. I. pp. 92, 151-152). 

16. The modifications were discussed, at least in part, at various monthly staff meetings for the various floors of the 
Center. However, the modifications were never discussed at any such staff meeting attended by the Petitioner. The 
Petitioner's understanding of the modified policies was based solely on what she heard from other employees and 
from conversations with management after the disciplinary process had begun in August, 1993. (T. Vol. I. pp. 
92-95, 223-226). 

17. Ms. Boykin, Ms. Roberson and Ms. Batts all had different understandings of whether the reason for an absence 
could or should have any bearing under the modified policy. Ms. Boykin stated that the policy did not provide for 
different weight to be given to different reasons for absence, yet also stated that she did consider the reason for the 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2435 



CONTESTED CASE DECISIONS 



absences. Ms. Roberson denied that different reasons should be given different weight but then stated that some 
circumstances might be mitigating. Ms. Batts stated simply that any unscheduled absence was a violation of policy. 
(T. Vol. I. pp. 40, 53, 89-90, 149-150). 

18. The Family and Medical Leave Act of 1993 (FMLA) went into effect on August 5, 1993. Every FMLA covered 
employer is "required to post and keep posted on its premises, in conspicuous places were employees are employed, 
whether or not it has any 'eligible' employees, a notice explaining the Acts provisions." 29 C.F.R. §825. 300(a). 

19. The North Carolina Office of State Personnel issued rules in the North Carolina Administrative Code ("Code") to 
implement the Family and Medical Leave Act of 1993 as it pertains to state employees, effective August 2, 1993. 
Those rules are codified at 25 N.C.A.C. IE .1400 et seq. 

20. The Office of State Personnel issued regulations regarding implementation of the FMLA in the State Personnel 
Manual ("Manual") , effective December 1, 1993. (Manual, Sec. 8, pp. 19.2 to 19.7; R17b). 

21. The rules and regulations regarding the FMLA, as promulgated in the Code and the Manual, apply to permanent 
employees who worked at least 1040 hours (half time) during the previous 12 months. (Manual, Sec. 8 p. 19.2; 25 
N.C.A.C. 1E.1401). 

22. The rules and regulations provide that a covered employee is entitled to take leave of up to 12 weeks total, 
consecutively or intermittently, due to a serious health condition of the employee or certain family members. The 
rules and regulations also state that it is unlawful to interfere with, restrain, or deny any rights provided by the 
policy. (Manual, Sec. 8 pp. 19.2-19.7; 25 N.C.A.C. IE .1402, .1403, .1405, .1409). 

23. Prior to the dismissal of the Petitioner on August 19, 1994, the management of the Center had not received any 
training regarding the FMLA. Therefore, Ms. Batts, Ms. Roberson, and Ms. Boykin knew little or nothing about 
the Act, or the state rules and regulations issued pursuant to the Act, prior to the Petitioner's dismissal. (T. Vol. 
I. pp. 96-97, 161-164). 

24. The Family and Medical Leave Act, and the state rules and regulations issued pursuant to the Act, were not 
considered by management at any point during the disciplinary process involving the Petitioner which ultimately led 
to her discharge. (T. Vol. I. pp. 96-97, 165). 

25. On or about August 28, 1993, the Petitioner received an oral warning from her supervisor, Ann Boykin, based upon 
alleged excessive unscheduled absences and tardiness. (T. Vol. I. p. 20; R7). 

26. The oral warning dated August 28, 1993 listed a total of 11 unscheduled incidents over seven months (January 1, 
1993 through July 31, 1993) . Of these, three involved absence for the Petitioner's entire shift. Two were due to 
tardiness. The Petitioner had bona fide reasons to be absent or to leave early in most instances, including one 
instance when her son was hurt, one when her daughter was in the hospital, one when the Petitioner was ill, one 
when the Petitioner was out of town on a bus that broke down, and one during a tornado warning. However, one 
of the incidents, the July 23, 1993 violation, was a no call, no show, where the Petitioner neither called in or showed 
up for work as scheduled No verification of illness was presented for that absence. (T. Vol. II. pp. 15-30, 112-114; 
R7). 

27. On or about February 12, 1994, the Petitioner received a written warning from her supervisor, Ann Boykin, based 
upon alleged excessive unscheduled absences and tardiness. (T. Vol. I. p. 21; R8). 

28. The written warning dated February 12, 1994 listed a total of 14 unscheduled incidents over seven months. The 
Petitioner had bona fide reasons to be absent, late or leave early in most instances. However, three incidents were 
no call, no show, where the Petitioner neither called in nor showed up for work as scheduled. Five of the 
unscheduled absences involved going to the hospital with her mother, who was being treated for chronic heart 
disease. In two instances, she was out of town when her car broke down, and once she went to the airport to meet 
her husband's flight from overseas. The Petitioner missed an in-service training class and work on December 9. 
1993 and again on February 7. 1994. (T. Vol. II. pp. 31-40, 112-119; R8). 

29. On or about June 17, 1994, the Petitioner received a final written warning from her supervisor, Ann Boykin, based 



2436 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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upon alleged excessive unscheduled absences and tardiness. (T. Vol. I. p. 22; R. Ex. 9). 

30. The final written warning dated June 17, 1994 lists 10 unscheduled incidents over four months, February 11, 1994 
to May 18, 1994. Four involved the Petitioner's own illness, two involved her sister's emergency brain surgery 
in Chapel Hill, one involved her mother's return to the hospital, and two times she was tardy (by less than 15 
minutes) , according to the wall clock at the Center. The Petitioner missed three days due to strep throat, but she 
called as required by the call-in policy and informed the Center that she would miss all three of her scheduled 
weekend days. The Petitioner also missed one in-service class and work on April 21, 1994 (a Thursday) because 
she forgot to check her monthly work schedule and was not aware that she was scheduled to attend the class and 
work on that date. Of the 10 incidents listed, three (3) were no call, no show, where the Petitioner failed to call in or 
report to work as scheduled. The Final Written Warning also set out the call-in policy and notified the Petitioner that 
"[fjailure to correct attendance will result in your dismissal from employment at NCSCC." (T. Vol. I. pp. 200-204; 
T. Vol. D. pp. 41-51; R9). 

31. Each of the three warnings was initiated by Ann Boykin based upon her opinion that the Petitioner's absences during 
the time periods in question had been excessive. She conferred with Ms. Roberson and Ms. Batts on all three 
warnings, and they concurred with her actions. (T. Vol. I. pp. 20-21, 24, 34-35, 69, 84, 155). 

32. After the Petitioner's change to half-time status, effective January 1, 1993, her regular hours were: Friday 3:00 
p.m. to 9:00 p.m.; Saturdays 3:00 to 11:30 p.m.; Sundays 3:00 to 11:30 p.m. She worked other hours only when 
she was scheduled for an in-service class, or a class combined with a partial shift. 

33. The Petitioner was notified of scheduled classes by notations on her monthly work schedule, which was posted in 
the nurses station on the floor where she worked, and often also by verbal reminders from Ms. Boykin. 

34. The Petitioner forgot to check her monthly work schedule prior to December 9, 1993 (a Thursday) and February 
7, 1994 (a Monday) and thus was not aware that she was scheduled to attend class and work on those dates. (T. 
Vol. I. pp. 9, 184-185, 196, 198). 

35. On August 5, 1994, the Petitioner saw a notice at the Center for an upcoming in-service class entitled "Dealing with 
Difficult People. " She asked her supervisor, Ms. Boykin, if that class was intended for HCTs like herself. The 
Petitioner was told that the class was for management only and that as far as Ms. Boykin knew, there were no 
classes for HCTs scheduled that month. The Petitioner repeated this understanding to several of her co-workers 
that day, including Mr. Preston Warren. (T. Vol. I. pp. 33, 205-209; P3). 

36. The Petitioner did not check her monthly work schedule for August, 1994, on August 5, August 6, or August 7. 
She worked on a different floor than usual on August 5 and her schedule was not posted on that floor. On August 
6 and August 7, her floor was short-staffed and the Petitioner had to care for many more patients than usual (20 
or more). The Petitioner did not check her work schedule because of her understanding from Ms. Boykin that there 
was no upcoming class for HCTs and because her work shifts were so hectic that she did not remember to check. 
Therefore, she was not aware that she was scheduled to attend the class and to work on August 10, 1994. (T. Vol. 
I. pp. 210-212). 

37. On August 10, 1994, Petitioner was scheduled to work from 4:00 p.m. to 8:00 p.m., and to attend a class that was 
scheduled from 4:00 p.m. to 5:00 p.m. The work schedule was posted inside the Nurse's station no later than July 
26, 1995. (T. Vol. I. p. 9). The class schedule was also posted outside the nurse's station, and showed the classes 
which were scheduled, and who the class was for. (T. Vol. I. pp. 29, 198; R10). The class scheduled for August 
10 was a class about dealing with difficult people, and was posted as being for all employees. (T. Vol. I. p. 30). 
Petitioner's work schedule showed that she was scheduled to attend this class. (T. Vol. I. p. 30). 

38. The Petitioner was in fact scheduled to attend class and to work on August 10, 1994. The Petitioner did not report 
to the Center as scheduled, and she did not call in. (T. Vol. I. pp. 18, 77, 205, 212). 

39. The Respondent's written absenteeism policy states in part that: 

All employees are required to report to work as scheduled. ... It is the responsibility 
of the employee to notify the Nursing Supervisor on duty or the Nursing Office Secretary 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2437 



CONTESTED CASE DECISIONS 



when illness or other circumstances prevent the employee from reporting to work as 
scheduled. . . . The employee shall be responsible for contacting the Supervi- 
sor/Secretary as soon as possible of the intended absence. Notification shall be made at 
least one hour prior to the scheduled work time. In emergency situations notification is 
required no later than one hour following the scheduled reporting time. (R18; T. Vol. I. 
pp. 116-117). 

40. The Respondent's written absenteeism policy further states that: 

Employees having two (2) unapproved absences (either separate or consecutive) within 
a six (6) month period shall receive a warning in the disciplinary action process. 

If within a six (6) months of such a warning the employee again has two unapproved 
absences, the Supervisor shall issue a subsequent warning. Continuation of the same 
sequence will ultimately lead to dismissal for failure in the performance of duties. 
(R18,M18& 19). 

41. The Petitioner reported to work for what would have been her normal work schedule on Friday, August 12, 1994, 
but was sent home by Ms. Roberson because the Petitioner was not scheduled to work on that date and Ms. 
Roberson felt that the Petitioner was inappropriately dressed for work. Ms. Roberson informed the Petitioner that 
she had missed a scheduled class and work on August 10, 1994. ( T. Vol. I. pp. 73, 213). 

42. Petitioner worked her regular hours on August 13 and August 14, 1994. (T. Vol. I. p. 215). 

43. On or about August 10, 1994, either Ms. Roberson or Ms. Boykin informed Ms. Batts of the Petitioner's absence 
of August 10, 1994. Ms. Batts in turn informed Mr. Hunt of the Petitioner's absence. (T. Vol. I. pp. 130-131). 

44. Ms. Batts decided that the absence of August 10, 1994 warranted possible dismissal of the Petitioner, so she 
scheduled a predismissal conference with the Petitioner on August 17, 1994. (T. Vol. I. pp. 75-77, 131-132). 

45. The predismissal conference was attended by the Petitioner, Ms. Batts and Ms. Roberson. Ms. Batts asked the 
Petitioner about her failure to report to work on August 10, 1994. The Petitioner explained that she thought the 
class was for management only, and gave names of coworkers that she had spoken to about the class on August 5, 
1994. The Petitioner also explained that she had not checked the monthly work schedule because of the 
misunderstanding about the class and because her shift has been so hectic on the previous weekend. (T. Vol. I. pp. 
77-79, 132-134, 216-217). 

46. Ms. Batts later spoke to some or all of the people mentioned by the Petitioner, but felt that they did not corroborate 
the Petitioner's misunderstanding. Ms. Batts did not feel that the Petitioner's absence was excusable. (T. Vol. I. 
p. 133). 

47. Ms. Batts conferred with Mr. Hunt again on or about August 19, and decided to dismiss the Petitioner by letter 
written that day. (T. Vol. I. p. 136; R23). 

48. Trie Center's policy on call-ins did not change and was in effect as written on August 10, 1994. (T. Vol. I. pp. 
116-117). The call-in policy was reviewed at a staff meeting at which the Petitioner was present on June 2, 1992. 
(T- Vol. I. pp. 65-66; R20c). 

49. Since October 1, 1992, four of approximately 165 employees in the Nursing Department under Renee Batts' direct 
and indirect supervision, including the Petitioner have been discharged for excessive absenteeism. About 97 percent 
of all employees abide by the Center's policy on absenteeism and leave. (T. Vol. I. pp. 104, 125). 

50. For many years prior to her dismissal, the Petitioner had many concerns about staff morale at the center and the 
level of patient care at the Center. (T. Vol. I. p. 230). 

51. Under a previous Director, the Petitioner had served on a committee designed to address those concerns. (T. Vol. 
I. pp. 232-234; P5). 



2438 NORTH CAROLINA REGISTER December 15, 1995 10:18 



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52. The Petitioner met several times in 1994 with Ms. Batts, with Ms. Gardner from the personnel department, and with 
Mr. Hunt, regarding her concerns. She let them know that if they did not attempt to address her concerns she 
would take the matter to the Department of Human Resources in Raleigh. (T. Vol. I. pp. 143-144, 237-238; P6; 
P7). 

53. The Petitioner received a letter from Mr. Hunt dated June 30, 1994, in which he said he would consider the 
Petitioner's suggestion of a meeting between staff and top management. When no such meeting was held by August 
8, 1994, the Petitioner decided to send a letter to the Secretary of the Department of Human Resources in Raleigh, 
along with a petition she had initiated, signed by 46 employees of the Center. The petition had been circulated 
among staff a couple of months earlier. (T. Vol. I. pp. 140-146, 176, 178-181, 237-240; P8, R13). 

54. Ms. Batts and Mr. Hunt had heard about the petition before it was sent to Raleigh. Mr. Hunt learned on August 
16, 1994 that it had been sent to Raleigh, while he and Ms. Batts were deliberating as to whether or not the 
Petitioner should be dismissed. (T. Vol. I. pp. 140, 176). 

55. The Petitioner presented no evidence as to what her salary was as a Health Care Technician at the Center. As of 
August 19, 1995 her reported income to the Federal Internal Revenue Service was $6,933.00. (R24). After her 
termination from employment at the Center, the Petitioner received unemployment compensation in the amount of 
$2,142.00 (T. Vol. II. p. 98). The Petitioner became self employed in April, 1995. (T. Vol. II. p. 100). The 
Petitioner denied a profit, but admitted to making sales. (T. Vol. II. p. 101). After her termination, the Petitioner 
engaged in a work search, but did not seek employment as a Health Care Technician. (R25). 

Based on the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the following: 

CONCLUSIONS OF LAW 

1. The Office of Administrative Hearings has jurisdiction over the parties and subject matter pursuant to Chapters 126 
and 150B of the North Carolina Genera] Statutes and has the authority to issue a recommended decision to the State 
Personnel Commission which shall make the final decision. 

2. North Carolina General Statutes §126-35 states that "[n]o career State employee subject to the State Personnel Act 
shall be discharged, suspended, or demoted for disciplinary reasons, except for just cause." " Just cause" dismissals 
are defined in the North Carolina Administrative Code, Title 25, r. 1J.0604. That section states: 

There are two bases for the discipline or dismissal of employees under the statutory 
standard of "just cause" as set out in G.S. 126-35. These two are: 

(1) Discipline or dismissal imposed on the basis of unacceptable job performance; 

(2) Discipline or dismissal imposed on the basis of unacceptable personal conduct. 

3. Unacceptable personal conduct is defined in relevant part as "the willful violation of known or written work rules." 
25 N.C.A.C. 1J .0604(d)(4), (Effective March 1, 1994). Unacceptable job performance is defined as " the failure 
to satisfactorily perform job requirements as specified in the job description, work plan, or as directed by 
management." 25 N.C.A.C. U Section 0604 (c). (Effective March 1, 1994). In a dismissal based upon 
unsatisfactory job performance, the employee must receive a minimum number of warnings prior to dismissal. 
(State Personnel Manual, Sec. 8). 

4. The unwritten modification of the attendance policies in early 1992 made a profound change, converting the 
attendance policies to essentially a no-fault system where any "unscheduled" absence was considered a violation. 
Yet this major change was never put in writing and never adequately explained to the Petitioner or the rest of the 
staff. Even the supervisors who were charged with enforcing the policy through their discretion seemed uncertain 
as to whether the reason for absences should ever be considered. If the reason for absence was a valid 
consideration, the modified policy did not so state, and did not provide any reliable means by which the supervisor 
would be informed of the reason for the absence. 

5. In a dismissal based upon unsatisfactory job performance, the job performance policy in question must, in fairness, 
be clear, reasonable, and known to the employees. 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2439 



CONTESTED CASE DECISIONS 



6. The unwritten policy lacked an objective standard as to when discipline will be imposed. The subjective standard 
of "excessive" unscheduled absences was prone to inconsistent applications and personal bias, either conscious or 
unconscious. Further, it failed to provide the employee with an adequate understanding of when he or she may be 
subject to the next step in the disciplinary process. 

7. The unwritten policy failed to take into consideration the Family and Medical Leave Act, or the state rules and 
regulations issued pursuant to the Act. The unwritten attendance policy violated the Act, the Code and the Manual 
insofar as it classified covered absences as violations of the attendance policy, and insofar as it failed to provide for 
a proper means to determine whether or not any absence was covered by the Act. Some of the Petitioner's absences 
were covered by the Act, the Code and the Manual. The Respondent has not shown that the Petitioner's total 
absences would have met the "excessive" threshold, so as to warrant warnings and dismissal, if absences covered 
by the Act are discounted. The Respondent's failure to comply with the Act is not excused by the Petitioner's 
failure to specifically request that her absences be covered by the Act, because such a request is required only for 
planned birth or adoption, or planned medical treatment, not for a medical emergency. (Manual, Sec. 8, p. 19.5). 
Moreover, the employer has the responsibility to designate leave as FMLA leave, based upon information provided 
by the employee. An employee is not required to expressly assert FMLA rights or even mention the FMLA to meet 
her obligation to provide notice under the Act. (Manual, Sec. 8 p. 19.4; 25 N.C.A.C. IE .1404; 29 C.F.R. 
§825. 302(c)). In any event, the Petitioner could not be expected to request her rights under the Act when her rights 
had never been explained to her by her employer. 

8. The Respondent's failure to provide the Petitioner with notice of her rights under the FMLA prevents the 
Respondent from taking any adverse action against the Petitioner, including denying her leave. (29 C.F.R. 
§825. 300(a)). 

9. The written attendance policy requires two unapproved absences within a six month period in order to move to the 
next disciplinary step. After the Petitioner's final written warning, the Respondent charged her with only a single 
additional violation (the missed class and work of August 10, 1994) before dismissing her. Even if the absence of 
August 10, 1994, was entirely the Petitioner's fault, a single violation is not sufficient to justify the dismissal under 
the written policy or under the unwritten policy, according to how it was described and how it had been applied up 
to that point. Even though the Petitioner was at the next-to-last step of the disciplinary process, there is nothing 
in the policy to indicate that the final step of dismissal would result from the very next and only violation. Under 
the written policy, two violations within a six month period were required for the imposition of disciplinary action. 
Under the unwritten policy, an excessive number of unscheduled absences had to have occurred within a six month 
period. One unscheduled absence following the Final Written Warning could not be considered excessive. 

10. Petitioner had a history of attendance problems, many of which were beyond her control, and some of which were 
within her control and were due to her own carelessness. Chronic excessive absenteeism from the workplace is a 
legitimate employer concern. However, the Respondent has not met its burden of proof to show that there was just 
cause to dismiss petitioner based upon violation of its unwritten attendance policy, or its written policy. 

RECOMMENDED DECISION 

It is recommended that the State Personnel Commission order the Respondent to reinstate the Petitioner to her 
position with full back benefits, and to award her reasonable attorneys fees. 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative Hearings, 
P.O. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statutes section 150B-36(b). 

NOTICE 

Before the agency makes the FINAL DECISION, it is required by North Carolina General Statutes section 150B- 
36(a) to give each party an opportunity to file exceptions to this RECOMMENDED DECISION, and to present written 
arguments to those in the agency who will make the final decision. 



2440 NORTH CAROLINA REGISTER December 15, 1995 10:18 



CONTESTED CASE DECISIONS 



The agency is required by North Carolina General Statutes section 150B-36(b)to serve a copy of the Final Decision 
on all parties and to furnish a copy to the Parties' attorney of record. 



> 



This the 17th day of November, 1995. 



Brenda B. Becton 
Administrative Law Judge 



) 



) 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2441 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF WAYNE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 OSP 0047 



SANDRA CHASE BUTTS 
Petitioner, 



NORTH CAROLINA DEPARTMENT OF 
HUMAN RESOURCES (CHERRY HOSPrTAL) 
Respondent. 



RECOMMENDED DECISION 



This matter was heard in Goldsboro, North Carolina, on July 11, 1995 and September 14, 1995 by Administrative 
Law Judge Thomas R. West. 

APPEARANCES 

Petitioner was represented by W. Timothy Haithcock of Barnes, Braswell & Haithcock, P. A., Goldsboro, North 
Carolina. 

Respondent was represented by Assistant Attorney General Diane Martin Pomper. 

PROTECTIVE ORDER 

On July 7, 1995, Respondent moved for a Protective Order, pursuant to G.S. 126-22, 23 and 24 requiring the 
parties, counsel and the witnesses not to divulge outside the scope of this hearing, any information derived from personnel 
records discussed as part of the evidence in this case. The Administrative Law Judge granted the motion on the record at 
the beginning of the hearing of this contested case. 

PROCEDURAL HISTORY 

The parties entered into a Pre-Trial Order which is incorporated herein by reference as if fully set out, wherein the 
Administrative Law Judge determined that the Office of Administrative Hearings had jurisdiction of the parties and of the 
subject matter. The Petitioner presented evidence on July 11, 1995. During a recess, the parties, through counsel, 
negotiated a settlement of all matters in dispute and announced on the record the terms of that agreement. The hearing was 
recessed to allow the executory portions of the settlement to be put into effect. The Respondent thereafter refused to 
participate in the executory portions of the agreement. Petitioner moved to complete the case on the merits and to preserve 
her exception to Respondent's refusal to participate in the agreement which had been announced on the record and which 
Petitioner felt to be binding on the parties. The motion is included in the documentary record of this case. The 
Administrative Law Judge considered the motion on the record on September 14, 1995. The undersigned: 



1. 



Granted Petitioner's motion that the case proceed on for completion of the evidence; 



2. Preserved for determination by the Personnel Commission and the Superior Court the issue of whether the 
settlement agreement announced during the hearing on July 11, 1995 is enforceable; and 

3. Declined to rule on the validity of the Settlement Agreement for the reasons that if it is valid it is a matter 
of contract enforceable in a court of law, and given the impasse reached as a result of the parties' respective positions, it 
is the responsibility of the Administrative Law Judge to complete the record of this case and recommend a decision to the 
Personnel Commission. 

The parries consented to the Administrative Law Judge hearing the remainder of the case and Respondent presented 
its evidence. 



2442 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CONTESTED CASE DECISIONS 



ISSUE 

Whether Petitioner was denied a promotion to Laundry Manager I due to race, sex or political discrimination. 

WITNESSES 

The following people testified for Petitioner: 

Bertha Pate - Laundry Manager IE, Cherry Hospital 

Vernon Capps - Retired Laundry Manager III, Cherry Hospital 

Harvey Casey - Laundry Manager at Cherry Hospital from 1965-1977. 

Delia Jones - Distribution Supervisor, Cherry Hospital Laundry 

La Verne Waters - Flatwork Ironing Supervisor, Cherry Hospital Laundry 

Alton Thompson - Soiled Linen Supervisor, Cherry Hospital Laundry 

James Whitfield - Washers and Dryers Supervisor, Cherry Hospital Laundry 

Sandra Butts - Petitioner 

The following people testified for Respondent: 

Shirley Edwards - Personnel Director, Cherry Hospital 

Les Martin - Chief of Support Services at Cherry Hospital at all times relevant to this case 

Howard Len Henderson - EEOC officer, Cherry Hospital, April 4, 1994-June 30, 1995; Administrative Assistant 

to Director since July 1, 1995 
John Montgomery - Director, Cherry Hospital 

EXHIBITS 

The following exhibits were introduced by Petitioner in her prima facie case: 

PI P5 R4 RIO 

P2 P6 R5 

P3 P7 R6 

P4 R3 R8 

The following exhibits were introduced during Respondent's case: 

Rl R7 

R2 Rll 

R9 R12 

RIO R13 
R14 

Based upon all the competent evidence introduced at the hearing the undersigned finds the following: 

FINDINGS OF FACT 

1. Sandra Chase Butts is a white female with a birth date of January 2, 1947 and a completed age of 48. She 
has been employed with Cherry Hospital since June 15, 1970 and employed in the Cherry Hospital Laundry since December 
1, 1977 as a secretary. At the time she made her application for the Laundry Manager I position, she had had 24 years with 
Cherry Hospital and 16 years 6 months as a secretary at the laundry. Her annual salary was $26,000.00. 

2. On September 9, 1994, Respondent posted a vacancy in the position of Laundry Manager I at Cherry 
Hospital. Petitioner and one other person, Edwin Earl Artis, applied. 

3. Edwin Earl Artis, the successful applicant, has a birth date of January 8, 1951 and at the time of his appli- 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2443 



CONTESTED CASE DECISIONS 



cation had a completed age of 43 and he is a black male. 

4. At the time of his application his current salary was $17,200.00 as a Laundry Supervisor II and he had been 
with Cherry Hospital since September of 1984. He had been a soiled linen working supervisor for 3 years 10 months. 
According to his application for the job at issue his major duties in order of importance were as follows: 

To supervise two employees and eight inmates in properly separating soiled laundry, to 
maintain a reasonable work flow in order to meet production and delivery schedules of 
the seven areas served. To make sure laundry is separated in the proper categories. 
Chutes are loaded with proper amount of laundry and correct wash formulas are used. 

5. Butts' major duties as a secretary, per her application for the job at issue, are as follows: 

Provide general office management & secretarial support service to Ldy. Mgr. & Ass't. 
Ldy. Mgr., provide clerical/secretarial support service for Ldy. Dept. Receive all 
incoming calls, visitors, sales reps., machinery reps, hospital/agency personnel, post and 
maintain time records for 50 employees, compile & prepare statistical data/reports for 
Budget Dept. Relieve Ldy. Mgr. & Ass't. Ldy. Mgr. in their absence . (See Respon- 
dent's Exhibit 5). [Emphasis added] 

6. The posting for the Laundry Manager I job required the following: 

"MINIMUM EDUCATION & EXPERIENCE: 

GRADUATION FROM HIGH SCHOOL AND FOUR YEARS OF 
EXPERIENCE IN A COMMERCIAL OR INSTITUTIONAL 
LAUNDRY INCLUDING ONE YEAR OF SUPERVISORY EXPERI- 
ENCE; OR AN EQUIVALENT COMBINATION OF TRAINING 
AND EXPERIENCE. " 
(See Respondent's Exhibit 2) 

7. The purpose of the Laundry Manager I position is to coordinate and monitor the production of the five 
departments within the Laundry. Operational responsibilities comprise 80% of the job. "The operational responsibilities 
of this position are both administrative and technical. To the greatest degree, supervisory responsibilities are administrative: 
..." (See Respondent's Exhibit 8). 

8. At the time of her application, Sandra Chase Butts was a pay grade 59, Secretary IV. When she initially 
became a secretary some 17 years earlier, it was at a pay grade 56. It was then upgraded to a 57 in the later eighties due 
to a personnel study. During Butts' employment at Cherry Hospital, she received ratings of "outstanding" or "exceeds 
expectations" on her work performance reviews during her entire working period. 

9. After applying and being interviewed for the job by Bertha Pate, the Laundry Manager HI, and Les Martin, 
Chief of Support Services, Butts was told by them she had been selected for the job. Pate and Martin are white. Pate had 
previously filled the Laundry Manager I position until she was promoted to Laundry Manager III. Exhibit Rl accurately 
reflects the organizational chart for the Laundry. 

10. According to Petitioner's Exhibit 4, Bertha Pate and L. M. Martin approved Mrs. Butts over Edwin Artis 
because she had a knowledge of all the laundry and had the necessary "people" skills to perform the duties and had on 
numerous occasions assumed all the management duties of the total laundry operation in the absence of the Laundry Manager 
I since 1977. It was stated that Mr. Artis had limited knowledge and limited "people" skills. (See Petitioner's Exhibit 4). 

1 1 . Mrs. Butts was subsequently notified by Mr. Martin that the EEOC Officer, Mr. Len Henderson, disagreed 
with their recommendation and that he had no choice but to change his decision and recommend Mr. Artis. Mr. Artis was 
selected. 

12. The five departments at the Laundry are soiled linen, washer/dryers, press and finish, flat work ironers, 
and distribution. 

13. Prior to his selection for the Laundry Manager I position, Edwin Artis had worked as a washer operator 
2444 NORTH CAROLINA REGISTER December 15, 1995 10:18 



CONTESTED CASE DECISIONS 



for six years and as the Supervisor of the soiled linen department for 3 years and 10 months. He had no supervisory, 
administrative or other management responsibilities in any of the other four departments. Mrs. Butts is familiar with all of 
the workings of the laundry. Butts is familiar with personnel policies and procedures. Butts routinely meets the public, 
works with vendors and routinely orders parts, equipment and supplies. Butts routinely handles administrative issues. For 
a number of years, Butts has routinely made decisions affecting the laundry that come up on a daily basis in the absence of 
the Laundry Manager I. 

14. On three occasions, Cherry Hospital has promoted secretaries to management positions. Those positions 
include purchasing officer, head of the reimbursements department and the assistant personnel manager. 

15. Bertha Pate, the current Laundry Manager ID, knows both applicants and strongly recommended that Sandra 
Butts be selected for the position. Butts served as Pate's secretary when Pate was the Laundry Manager I. Pate stated that 
Mrs. Butts had acquired, through 17 years of working experience, knowledge and understanding of the total laundry 
operation; that she had a thorough knowledge of personnel policies and procedures and could interpret those policies as 
related to time keeping, new policies, disciplinary process, purchasing and budget. Pate testified that Butts gets along well 
with laundry and hospital staff and has a very good working relationship with vendors and sales representatives. Pate 
testified that Butts has excellent "people" skills. (See Petitioner's Exhibit 5). 

16. Harvey Casey, the first laundry manager, knows both applicants and highly recommended Sandra Butts 
as the party to be selected. Casey is a white male. 

17. Vernon Capps, a previous laundry manager before Bertha Pate, stated that he highly recommended Sandra 
Butts and that he knew and had worked with both applicants. He stated that Mrs. Butts helped set up the laundry, was 
familiar with personnel policies, with purchasing and that she exercised full supervisory responsibilities in his absence. 
Capps testified that Butts never made poor decisions. Capps retired in January 1994. (See Respondent's Exhibit 4). Capps 
is a white male. 

18. Four of the five working supervisors testified. 

19. Delia Jones, supervisor of distribution for six years, and over nine workers, stated that Mrs. Butts was more 
qualified than Mr. Artis and that she did not even consider herself as being as qualified as Mrs. Butts and that is why she 
had not applied for the job. Jones is a white female. 

20. La Verne Waters, a supervisor for flat work ironers, and over 15 workers, stated that Mrs. Butts was more 
qualified for the job, and that Mrs. Butts was a resource for answers. Waters is a white female. 

21. Alton Thompson, current supervisor of soiled linens, stated that he had had communication problems with 
Edwin Artis. Thompson is a black male. 

22. James Whitfield, supervisor of washers/dryers, and over five employees, stated that he would have applied 
for the Laundry Manager I job but he considered Sandra Butts more qualified than himself. Whitfield is a white male. 

23. Shirley Smith Edwards, the Personnel Director, stated categorically that she had no input into the selection 
process and that she had not made a recommendation as to which applicant to select. Edwards is a black female. 

24. Les Martin, Chief of Support Services at Cherry Hospital for 3 years and 10 months, stated that after the 
interviews were conducted by himself and Mrs. Pate and the applications reviewed, he felt that Sandra Butts should be 
selected and made that recommendation. He stated that Len Henderson, then the EEOC Officer, objected to that selection 
and recommended Mr. Artis. A conference was held by Mr. Martin, Mr. Henderson and Mr. Field Montgomery, Director 
of Cherry Hospital. As a result of that conference, Mr. Henderson changed Martin's selection from Mrs. Butts to Mr. Artis. 

25. Mr. Henderson was the EEOC Officer from April 4, 1994 to June 30, 1995, when that position was 
terminated by the Legislature. He stated that his job was to ensure that the Affirmative Action Program was carried out in 
all personnel decisions. Henderson is a black male. 

26. Mr. Henderson stated that he disagreed with the selection of Mrs. Butts and pointed to a State Personnel 
Specification dated February 1956 as requiring one year of supervisory experience in a commercial or institution laundry 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2445 



CONTESTED CASE DECISIONS 



(see Petitioner's Exhibit 1). He concluded that Mrs. Butts did not have the one year supervisory skill that he considered 
necessary and concluded that Mr. Artis had experience in several areas of the laundry and was qualified. 

27. Mr. Henderson testified that the selection had nothing to do with diversity in the work force and had nothing 
to do with Affirmative Action. Henderson testified that the reasons for his conclusions are stated in his writing on Petition- 
er's Exhibit 4, and relate to his determination that Butts lacked the minimum qualifications. 

28. Henderson also testified that the Laundry Manager I job was included in the "Skilled Crafts" category in 
the Laundry's Affirmative Action plan and that there was an underutilization of five women in that category. There is no 
underutilization in the category for black males. 

29. Field Montgomery, Director of Cherry Hospital, testified that he met with Mr. Henderson and Mr. Martin 
and concluded that Mrs. Butts was not qualified because she did not have the necessary supervisory experience. 

30. Montgomery concluded that Artis met the minimum qualifications and that the application of Mr. Artis 
permitted the selection of an African-American for a management position. Neither he nor Mr. Henderson interviewed either 
candidate. Montgomery is a white male. 

3 1 . The EEOC program Mr. Len Henderson was charged with overseeing states that it is the policy of Cherry 
Hospital to provide applicants for employment equal opportunities, training, compensation, promotion, and other attributes 
of employment without regard to race, religion, national origin, sex, age or physical handicap. (See Respondent's Exhibit 
13). 

32. The reason given by Henderson, in writing, for selecting Mr. Artis over Mrs. Butts has nothing to do with 
any published EEOC goals. Mr. Montgomery admitted the same was true. 

33. 25 NCAC 1H .0607(a), Minimum Qualifications provides, as a matter of law , that, "The Employee or 
applicant must possess at least the minimum education and experience requirements, or their equivalent, set forth in the 
specification of the vacancy being filled." "... Qualifications necessary to perform successfully may be attained in a variety 
of combinations. In evaluating qualifications, reasonable substitutions of formal education and job-related experience, one 
for the other, will be made." 25 NCAC 1H .0607(b) [Emphasis added] 

34. Both Artis and Butts were supported for the Laundry Manager I position by Democratic legislators. 

35. Prior to being promoted to the position of Laundry Manager I, Mr. Artis had never provided supervisory 
coverage over the laundry in the absence of the laundry managers. 

36. Prior to being promoted to the position of Laundry Manager I, Mr. Artis was not aware of the 
administrative procedures for which the Laundry Manager I is responsible. 

Based upon the foregoing, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. The 1956 Job Description (Exhibit R7) is an incomplete statement of the minimum qualifications. The job 
description makes no mention of "... an equivalent combination of training and experience." Duly promulgated 
administrative rules, with the force of law, provide that job related experience is a reasonable substitute for formal education. 

2. The difference between the Job Description (Exhibit R7) and the Job Posting (Exhibit R2) is immaterial 
in this case. No issue is raised that Butts lacks the formal education required. The relevant issue is whether she meets the 
minimum qualification of one year of supervisory experience. There can be no substitution for this requirement . 

3. Butts meets the minimum qualifications for the Laundry Manager I position. Butts has more than one year 
of experience in supervising the Cherry Hospital Laundry. 

4. Butts is more qualified than Artis to fill the position of Laundry Manager I. 

5. Petitioner has met the initial burden of establishing a prima facie case of gender discrimination: 

2446 NORTH CAROLINA REGISTER December 15, 1995 10:18 



CONTESTED CASE DECISIONS 



a. She applied for the Laundry Manager I position and meets the minimum qualifications; 

b. She was rejected; 

c. Respondent filled the position with a male; 

d. There is some evidence of discrimination: 

i. Mrs. Butts had been performing the duties of the Laundry Manager I position on a routine 

basis for years in her role as secretary to the manager. Yet, when the opportunity for promotion arose, Butts was not hired, 
and a less qualified male was hired; 

ii. The Affirmative Action Goals for the Cherry Hospital Laundry show an underutilization 

of females in "Skilled Crafts." The EEOC Officer testified that the Laundry Manager I position was included in the "Skilled 
Crafts" category; 

iii. A male EEOC Officer determined that a female should not be hired for a position for 

which she was more qualified than the male who was hired. 

6. Butts has met the initial burden of establishing a prima facie case of racial discrimination: 

a. She applied for the Laundry Manager I position and meets the minimum qualifications; 

b. She was rejected; 

c. Respondent filled the position with a member of another race; 

d. There is some evidence of discrimination: 

i. A black male EEOC Officer determined that a white female lacked the minimum 

qualifications when in fact she did and recommended that a black male with fewer qualifications be hired. 

7. Despite the fact that the EEOC Officer testified that the Affirmative Action plan included the Laundry 
Manager I position in the "Skilled Crafts," it is hard to imagine how a supervisory position can be characterized as a craft, 
skilled or otherwise. The result is that the Affirmative Action plan does not address any goals for the Laundry Manager I 
position. This conclusion by the Administrative Law Judge is consistent with other testimony by Mr. Henderson and Mr. 
Montgomery that the affirmative action plan had no impact on the selection. 

8. Respondent failed to introduce evidence of legitimate, nondiscriminatory reasons for the selection of Mr. 
Artis. Quite simply, Mr. Henderson's participation in the hiring process was inappropriate. No hiring goals related to race 
were at issue. Although the evidence is conflicting, the undersigned concludes that no hiring goals related to gender were 
at issue. 

9. Respondent discriminated against Petitioner on the basis of race when it followed the conclusion of the 
EEOC Officer that Petitioner was not qualified for the position. No race related hiring goals were at issue. Respondent 
ignored the opinion of Petitioner's supervisor that she was the better qualified applicant. In fact, Petitioner is the better 
qualified applicant. 

10. Respondent discriminated against Petitioner on the basis of gender. No affirmative action goals were at 
issue in the decision of who to hire. Yet, the EEOC Officer inserted himself into the process and contradicted the opinion 
of the two supervisors. Butts does in fact meet the minimum qualifications for the position, and, in fact, is more qualified 
than Artis. 

The EEOC Officer stressed in his analysis the maintenance of equipment. No mention was made in his 
analysis that the position determines matters of policy and that the work includes responsibility for requisitioning, keeping 
clerical records, developing work schedules, work assignments, administering discipline, keeping employees abreast of 
procedural policies, monitoring productivity, and employee counseling. The EEOC Officer's myopic view of the Laundry 



10:18 NORTH CAROLINA REGISTER December 15, 1995 2447 



CONTESTED CASE DECISIONS 



Manager I position guaranteed that Petitioner, who held a job traditionally held by women, and that is not labeled 
"supervisory," but which is responsible for performing all of the most important job duties at issue, would not be considered 
minimally qualified. 

12. Petitioner failed to make a prima facie case of political discrimination. 

Based on the foregoing, the undersigned issues the following: 

RECOMMENDED DECISION 

1 . Petitioner be deemed to be qualified for the Laundry Manager I position; 

2. Petitioner be compensated as if she had been promoted into the Laundry Manager I position effective 
October 19, 1994; 

3. Respondent be ordered to place Petitioner in the Laundry Manager I position should a vacancy occur; 

4. Respondent be ordered to pay Petitioner's attorney's fees in a reasonable amount. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, PO 
Drawer 27447, Raleigh, NC 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(h) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the North Carolina Personnel Commission. 

This the 29th day of November, 1995. 



Thomas R. West 
Administrative Law Judge 



2448 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF CARTERET 



IN THE OFFICE OF 
ADMINISTRATIVE HEARINGS 

95 OSP 0777 



JAMES M. KELLY, 
Petitioner, 



STATE OF NORTH CAROLINA 
DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES, 
Respondent. 



FINAL DECISION 



This matter is before the undersigned on motion of the Respondent for an order dismissing the Petitioner's Petition 
for a Contested Case Hearing on the grounds that the Office of Administrative Hearings lacks jurisdiction over the subject 
matter of the petition with respect to the Respondent; lacks jurisdiction over the person of the Respondent; and the petition 
fails to state a claim for which relief can be granted. 

STATEMENT OF THE CASE 

On July 11, 1995, the Petitioner, James M. Kelly, filed a Petition for a Contested Case Hearing with the Office of 
Administrative Hearings, naming the State of North Carolina Department of Environment, Health and Natural Resources 
as the Respondent. The Petitioner states the following as the basis for his claim: 

Respondent has deprived [the Petitioner] of property and encroached on [his] rights as a result of 
discrimination based on political affiliation in violation of federal and state laws. The Respondent, by and 
through the supervisors and directors in the Division of Marine Fisheries, has implemented policies and 
procedures involving promotion and hiring procedures which have had an impact on promotion and hiring 
opportunities of the Petitioner. The Respondent's policies and procedures have denied promotion and 
hiring opportunities to those not members of the Democratic party. The Respondent has otherwise 
substantially prejudiced my rights for promotion, advancement and has otherwise exceeded it's [sic] 
authority and jurisdiction, failed to use proper procedure, acted arbitrarily or capriciously and failed to 
conform its acts to those required by law or rule. 

The Petitioner does not allege that he applied for a specific position and was denied a promotion because of his 
political affiliation. 



I. 



CONCLUSIONS OF LAW 



North Carolina General Statutes section 126-36 provides in pertinent part that: 



Any State employee . . . who has reason to believe that employment, promotion, training, or transfer was 
denied him . . . because of his . . . political affiliation . . . shall have the right to appeal directly to the 
State Personnel Commission. 

2. The issue before the undersigned is whether the Petitioner's allegations that the Respondent's promotion 
and hiring procedures have had an impact on the Petitioner's promotional and advancement opportunities present a justiciable 
issue such that this matter is ripe for a hearing on the merits. 

3. The Petitioner does not state in his petition that he has applied for and has been denied a promotion because 
of his political affiliation. Instead, the Petitioner alleges that the Respondent's officers have implemented promotion and 
hiring procedures which have had an impact on the Petitioner's promotional and hiring opportunities, that the Petitioner's 
promotion and advancement opportunities have been prejudiced, and that the Respondent's promotion and hiring policies have 
denied promotion and hiring opportunities to persons who are not members of the Democratic Party. 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2449 



CONTESTED CASE DECISIONS 



4. Pursuant to the provisions of the APA the Petitioner can bring a contested case if he is an aggrieved party 
whose privileges, rights, etc. have been affected by agency action. As a public employee, the only property rights regarding 
employment that the Petitioner has are those provided in Chapter 126 of the North Carolina General Statutes. Chapter 126 
grants an employee a right to challenge a number of employment decisions, including alleged discrimination on an unlawful 
basis such as political affiliation. However, a state employee who brings an action based upon unlawful discrimination is 
limited by Chapter 126 to those areas specified in Section 126-36: employment, promotion, training, transfer, demotion, 
layoff, or termination. 

5. In order to resolve the ripeness issue, one must determine whether the Petitioner has been denied 
employment or promotion on account of his political affiliation as a result of the Respondent's Promotion Procedures. The 
Respondent's promotion policy does not, of course, specifically state that only Democrats will be considered for promotions. 
Therefore, it is the application or implementation of the policy in a discriminatory fashion which is the crux of the 
Petitioner's complaint. Until the policy has been applied, the Petitioner has suffered no deprivation as a result of any agency 
action. Although, the Petitioner argues that "the practices of the agency as it relates to promotion opportunities are not being 
equally applied," he fails to allege any facts demonstrating how the policy is being applied in an unequal manner. Even 
though the Petitioner believes the promotional policy is discriminatory, it is possible that the Respondent may apply the policy 
in such a way that the discrimination the Petitioner anticipates does not occur. The mere existence of a facially neutral policy 
does not deprive the Petitioner of any property right until it is applied in a discriminatory manner. 

6. North Carolina General Statutes §143-422.2 pronounces the State's public policy regarding employment 
discrimination. Even under that statute, which does not mention discrimination based upon political affiliation, the allegations 
in the Petitioner's Petition fail to set forth any facts that support his claim of discrimination on the basis of political 
affiliation. The Petitioner has not alleged that it clear on the face of the policy and procedures that they discriminate against 
persons who are not Democrats. Again, the Petitioner anticipates that what he concedes in his brief is a facially neutral 
procedure will be applied in a discriminatory manner. A claim based upon anticipated discrimination is not ripe for 
adjudication. 

FINAL DECISION 

For the above reasons, the undersigned determines that the Office of Administrative Hearings does not have 
jurisdiction over this matter and the Petitioner's Petition for a Contested Case Hearing must be, and is, hereby, 
DISMISSED. 

NOTICE 

In order to appeal a Final Decision, the person seeking review must file a Petition in the Superior Court of Wake 
County or in the superior court of the county where the person resides. The Petition for Judicial Review must be filed within 
thirty (30) days after the person is served with a copy of the Final Decision. North Carolina General Statutes section 150B- 
46 describes the contents of the Petition and requires service of the Petition on all parties. 

This the 27th day of November, 1995. 



Brenda B. Becton 
Administrative Law Judge 



2450 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



lhe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles 
and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in 
the North Carolina executive branch of government has been assigned a title number. Titles are further 
broken down into chapters which shall be numerical in order. The other two, subchapters and sections 
are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2451 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



# 



ACUPUNCTURE LICENSING BOARD 



21 NCAC 01 .0101 




10:02 NCR 150 


07/01/95 


.0201 




10:07 NCR 585 


10/01/95 


.0401 - 


.0402 


10:02 NCR 150 


07/01/95 


.0501 




10:07 NCR 585 


10/01/95 


.0701 




10:07 NCR 585 


10/01/95 


.0702 - 


.0704 


10:16 NCR 2027 


02/01/96 


.0705 




10:17 NCR 2228 




.0706 - 


.0707 


10:16 NCR 2027 


02/01/96 


.0709 




10:17 NCR 2228 




CO- 


.0711 


10:16 NCR 2027 


02/01/96 


ADMINISTRATION 








1 NCAC 05 A .0001 - 


0002 


10:16 NCR 1651 


02/01/96 


.0004 




10:16 NCR 1651 


02/01/96 


.0009- 


.0010 


10:16 NCR 1651 


02/01/96 


.0012 




10:16 NCR 1651 


02/01/96 


05B .0101 - 


.0103 


10:16 NCR 1651 


02/01/96 


.0201 




10:16 NCR 1651 


02/01/96 


.0203 - 


.0204 


10:16 NCR 1651 


02/01/96 


.0206 - 


.0210 


10:16 NCR 1651 


02/01/96 


.0301 - 


.0314 


10:16 NCR 1651 


02/01/96 


.0401 - 


.0404 


10:16 NCR 1651 


02/01/96 


.0501 - 


.0503 


10:16 NCR 1651 


02/01/96 


.0601 - 


.0602 


10:16 NCR 1651 


02/01/96 


.0701 - 


.0702 


10:16 NCR 1651 


02/01/96 


.0801 - 


.0808 


10:16 NCR 1651 


02/01/96 


.0810 




10:16 NCR 1651 


02/01/96 


.0901 - 


.0902 


10:16 NCR 1651 


02/01/96 


.0904- 


.0906 


10:16 NCR 1651 


02/01/96 


.1001 - 


.1003 


10:16 NCR 1651 


02/01/96 


.1101 




10:16 NCR 1651 


02/01/96 


.1103 - 


.1104 


10:16 NCR 1651 


02/01/96 


.1106 




10:16 NCR 1651 


02/01/96 


.1108 




10:16 NCR 1651 


02/01/96 


.1201 - 


.1202 


10:16 NCR 1651 


02/01/96 


.1301 - 


.1302 


10:16 NCR 1651 


02/01/96 


.1401 - 


.1403 


10:16 NCR 1651 


02/01/96 


.1501 - 


.1513 


10:16 NCR 1651 


02/01/96 


.1516- 


.1521 


10:16 NCR 1651 


02/01/96 


.1601 - 


.1603 


10:16 NCR 1651 


02/01/96 


.1701 - 


.1703 


10:16 NCR 1651 


02/01/96 


.1801 - 


.1804 


10:16 NCR 1651 


02/01/96 


.1901 




10:16 NCR 1651 


02/01/96 


.1903 




10:16 NCR 1651 


02/01/96 


.1906- 


.1907 


10:16 NCR 1651 


02/01/96 


.1909 




10:16 NCR 1651 


02/01/96 


05C .0601 


.0602 


10:16 NCR 1651 


02/01/96 


.0701 - 


.0704 


10:16 NCR 1651 


02/01/96 


.0708 




10:16 NCR 1651 


02/01/96 


.0711 




10:16 NCR 1651 


02/01/96 


.0717 - 


.0718 


10:16 NCR 1651 


02/01/96 


.0720 




10:16 NCR 1651 


02/01/96 


.0722 




10:16 NCR 1651 


02/01/96 


.0803 - 


.0804 


10:16 NCR 1651 


02/01/96 


.0903 




10:16 NCR 1651 


02/01/96 


.1008 - 


.1009 


10:16 NCR 1651 


02/01/96 


05D .0101 - 


.0102 


10:16 NCR 1651 


02/01/96 


.0201 - 


.0206 


10:16 NCR 1651 


02/01/96 


.0208 - 


.0210 


10:16 NCR 1651 


02/01/96 


.0301 - 


.0303 


10:16 NCR 1651 


02/01/96 


.0401 - 


.0403 


10:16 NCR 1651 


02/01/96 


.0501 - 


.0509 


10:16 NCR 1651 


02/01/96 



08/01/95 
12/01/95 
08/01/95 
12/01/95 
12/01/95 



Rule-Making Proceeding 
Rule-Making Proceeding 



I 



I 



2452 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CUMULATIVE INDEX 



> 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



39 



.0101 
.0201 



ADMINISTRATIVE HEARINGS 

26 NCAC 02A .0101 - .0102 



) 





.0201 - 


.0212 




.0301 






.0303 






.0401 - 


.0406 




.0501 - 


.0507 


02B 


.0101 






.0103 - 


.0104 




.0201 - 


.0204 




.0301 - 


.0304 




.0401 




02C 


.0101 - 


.0109 




.0201 - 


.0206 




.0301 - 


.0305 




.0401 - 


.0409 




.0501 - 


.0503 


AGRICULTURE 

2 NCAC 09L 


.1806 




34 


.0904 
.0904 




48A 


.1702 




48C 


.0029 




52B 


.0207 
.0212 
.0302 




52C 


.0105 





ARCHITECTURE 

21 NCAC 02 .0208 

02 .0301 - .0302 

AUCTIONEERS 

21 NCAC 04B .0103 

.0201 - .0202 

.0403 

.0505 

.0601 - .0602 

BARBER EXAMINERS 

21 NCAC 06H .0002 
06J .0002 
06K .0003 



21 NCAC 



) 



08A 


.0301 


08F 


.0103 




.0105 




.0113 


08G 


.0401 




.0404 




.0409 


081 


.0004 


08J 


.0001 




.0005 




.0006 




.0008 


08M 


.0102 



10:16 NCR 1672 


02/01/96 


10:16 NCR 1672 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 1674 


03/01/96 


10:04 NCR 228 


08/01/95 


10:07 NCR 430 


11/01/95 


10:15 NCR 1432 


02/01/96 


10:15 NCR 1432 


02/01/96 


10:15 NCR 1432 


02/01/96 


10:15 NCR 1432 


02/01/96 


10:15 NCR 1432 


02/01/96 


10:15 NCR 1432 


02/01/96 


10:12 NCR 985 


12/01/95 


10:10 NCR 829 


07/01/96 


10:16 NCR 2028 


03/01/96 


10:16 NCR 2028 


03/01/96 


10:16 NCR 2028 


03/01/96 


10:16 NCR 2028 


03/01/96 


10:16 NCR 2028 


03/01/96 


10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


T EXAMINERS 




10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


10:04 NCR 255 


08/01/95 


10:04 NCR 255 


08/01/95 


10:04 NCR 255 


08/01/95 


10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


10:04 NCR 255 


08/01/95 


10:16 NCR 2033 


02/01/96 


10:04 NCR 255 


08/01/95 


10:04 NCR 255 


08/01/95 



N/A 
11/01/95 



Renoticed in 10:7 



12/01/95 
07/01/96 



08/01/95 
08/01/95 
08/01/95 



08/01/95 

08/01/95 

N/A 



RRC Obj./Rule Withdrawn 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2453 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.0102 - 


.0103 


10:16 NCR 2033 


02/01/96 




.0104 




10:04 NCR 255 


08/01/95 




.0206 - 


.0207 


10:16 NCR 2033 


02/01/96 




.0304 




10:16 NCR 2033 


02/01/96 




.0306 




10:04 NCR 255 


08/01/95 




.0401 




10:04 NCR 255 


08/01/95 




.0401 - 


.0402 


10:16 NCR 2033 


02/01/96 


08N 


.0203 




10:04 NCR 255 


08/01/95 




.0302 




10:04 NCR 255 


08/01/95 




.0306 




10:16 NCR 2033 


02/01/96 




.0307 




10:04 NCR 255 


08/01/95 


CHIROPRACTIC 


: EXAMINERS 






21 NCAC 10 


.0203 




10:04 NCR 261 


08/01/95 


COMMERCE 










4 NCAC 02R 


.0303 




10:16 NCR 1675 


06/01/96 




.0305 




10:16 NCR 1675 


06/01/96 




.1708 




10:16 NCR 1675 


06/01/96 




.1710 




10:16 NCR 1675 


06/01/96 




.1801 - 


.1802 


10:16 NCR 1675 


06/01/96 


02S 


.0102 - 


.0103 


10:16 NCR 1675 


06/01/96 




.0105 - 


.0106 


10:16 NCR 1675 


06/01/96 




.0109 




10:16 NCR 1675 


06/01/96 




.0209 




10:16 NCR 1675 


06/01/96 




.0228 




10:16 NCR 1675 


06/01/96 




.0234 - 


.0235 


10:16 NCR 1675 


06/01/96 




.0402 - 


.0404 


10:16 NCR 1675 


06/01/96 




.0511 - 


.0513 


10:16 NCR 1675 


06/01/96 




.0516 




10:16 NCR 1675 


06/01/96 




.0519 




10:16 NCR 1675 


06/01/96 




.0525 




10:16 NCR 1675 


06/01/96 




.0614 




10:16 NCR 1675 


06/01/96 




.0708 




10:16 NCR 1675 


06/01/96 




.0901 - 


.0904 


10:16 NCR 1675 


06/01/96 




.1005 




10:16 NCR 1675 


06/01/96 




.1008 




10:16 NCR 1675 


06/01/96 




.1011 




10:16 NCR 1675 


06/01/96 




.1021 




10:16 NCR 1675 


06/01/96 


02T 


.0101 - 


.0102 


10:16 NCR 1675 


06/01/96 




.0201 - 


.0202 


10:16 NCR 1675 


06/01/96 




.0206 




10:16 NCR 1675 


06/01/96 




.0301 - 


.0305 


10:16 NCR 1675 


06/01/96 




.0308 - 


.0309 


10:16 NCR 1675 


06/01/96 




.0409 - 


.0411 


10:16 NCR 1675 


06/01/96 




0502 




10:16 NCR 1675 


06/01/96 




.0601 - 


.0602 


10:16 NCR 1675 


06/01/96 




.0604 




10:16 NCR 1675 


06/01/96 




.0606 




10:16 NCR 1675 


06/01/96 




.0707 - 


.0709 


10:16 NCR 1675 


06/01/96 




.0711 




10:16 NCR 1675 


06/01/96 




.1104- 


.1108 


10:16 NCR 1675 


06/01/96 


06C 


.0203 
.0205 
.0407 
0409 




10:05 NCR 300 
10:18 NCR 2398 
10:18 NCR 2398 
10:18 NCR 2398 


09/01/95 


10 






10:15 NCR 1428 




19L 


.0401 




10:16 NCR 1698 


02/01/96 




.0403 




10:16 NCR 1698 


02/01/96 




.0407 




10:16 NCR 1698 


02/01/96 




.0501 - 


.0502 


10:16 NCR 1698 


02/01/96 




.0505 




10:16 NCR 1698 


02/01/96 




.0802 




10:16 NCR 1698 


02/01/96 



♦ 



08/01/95 



08/01/95 
08/01/95 

08/01/95 
08/01/95 

08/01/95 



08/01/95 



♦ 



Rule-Making Proceeding 
Rule-Making Proceeding 
Rule-Making Proceeding 
Public Notice 



I 



2454 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CUMULATIVE INDEX 



1 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



) 



) 



.0805 




10:16 NCR 1698 


02/01/96 


.0901 




10:16 NCR 1698 


02/01/96 


.0906 - 


.0907 


10:16 NCR 1698 


02/01/96 


.0911 




10:16 NCR 1698 


02/01/96 


.1002 




10:16 NCR 1698 


02/01/96 


.1004 




10:16 NCR 1698 


02/01/96 


.1009 




10:16 NCR 1698 


02/01/96 


.1301 - 


.1303 


10:16 NCR 1698 


02/01/96 


.1701 - 


.1703 


10:16 NCR 1698 


02/01/96 


.1801 - 


.1803 


10:16 NCR 1698 


02/01/96 


COMMUNITY COLLEGES 






23 NCAC 02C .0108 




10:03 NCR 208 


09/01/95 


.0210 




10:07 NCR 587 


01/01/96 


.0211 




10:03 NCR 208 


09/01/95 


.0301 




10:07 NCR 587 


01/01/96 


.0306 




10:03 NCR 208 


09/01/95 


02E .0403 




10:07 NCR 587 


01/01/96 


CORRECTION 








5 NCAC 05 .0001 




10:01 NCR 12 


07/01/95 


COSMETIC ART EXAMINERS 






21 NCAC 14B .0604 




10 


12 NCR 985 


12/01/95 


14J .0502 




10 


14 NCR 1380 


01/01/96 


14L .0301 - 


.0302 


10 


14 NCR 1380 


01/01/96 


14N .0106 - 


.0108 


10 


14 NCR 1380 


01/01/96 


.0112 




10 


14 NCR 1380 


01/01/96 


CULTURAL RESOURCES 






7 NCAC 02F .0002 




10:01 NCR 12 


07/01/95 


05 .0200 




10:18 NCR 2398 




DIETETICS/NUTRITION 






21 NCAC 17 .0101 - 


.0102 


10:16 NCR 2046 


02/01/96 


.0104 




10:16 NCR 2046 


02/01/96 


.0107 




10:16 NCR 2046 


02/01/96 


.0113 - 


.0114 


10:16 NCR 2046 


02/01/96 


.0301 - 


.0304 


10:16 NCR 2046 


02/01/96 


.0401 - 


.0402 


10:16 NCR 2046 


02/01/96 


DENTAL EXAMINERS 








21 NCAC 16 




10:16 NCR 2043 


05/01/96 


21 NCAC 16H .0104 




10:16 NCR 2043 


05/01/96 


.0202 - 


.0203 


10:16 NCR 2043 


05/01/96 


16T .0001 - 


.0002 


10:16 NCR 2043 


05/01/96 


16U .0101 - 


.0102 


10:16 NCR 2043 


05/01/96 


.0201 - 


.0204 


10:16 NCR 2043 


05/01/96 


ELECTRICAL CONTRACTORS 






21 NCAC 18B .0103 




10:15 NCR 1579 


02/01/96 


.0207 




10:15 NCR 1579 


02/01/96 


.0303 




10:15 NCR 1579 


02/01/96 


.0402 




10:15 NCR 1579 


02/01/96 


.0601 




10:15 NCR 1579 


02/01/96 


.0902 - 


.0903 


10:15 NCR 1579 


02/01/96 


.0905 




10:15 NCR 1579 


02/01/96 


ELECTROLYSIS EXAMINERS 






21 NCAC 19 .0104 




10:11 NCR 907 


12/01/95 


.0204 




10:11 NCR 907 


12/01/95 


.0616 




10 


11 NCR 907 


12/01/95 



12/01/95 
12/01/95 
12/01/95 

07/01/95 



08/01/95 



Rule-Making Proceeding 



Notice on Subject Matter 



12/01/95 
12/01/95 
12/01/95 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2455 



CUMULATIVE INDEX 









Proposed in 


Proposed 

FffWrivp 


Fiscal Note 


Effective 
Date 


Other Information 


Agency/Rule Citation 


Register 


Date 


State 


Local 


ENVIRONMENT 


, HEALTH, AND NATURAL RESOURCES 








15A NCAC 01 






10:18 NCR 2317 








Rule-Making Agenda 


01C 


0101 




10:16 NCR 1828 


02/01/96 










.0503 - 


.0504 


10:16 NCR 1828 


02/01/96 








02 






10:18 NCR 2316 








Public Notice/303(d) list 


02 






10:18 NCR 2317 








Rule-Making Agenda 


02B 


.0101 
.0104 
.0202 
.0211 
.0216 




10:01 NCR 13 
10:01 NCR 13 
10:01 NCR 13 
10:01 NCR 13 
10:16 NCR 1838 


02/01/96 






Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 




.0224 - 


.0225 


10:16 NCR 1838 


02/01/96 










.0224 




10:18 NCR 2400 








Rule-Making Proceeding 




.0227 




10:18 NCR 2400 








Rule-Making Proceeding 




.0301 




10:01 NCR 13 








Correction to Notice 




.0303 




10:08 NCR 661 


11/01/95 










.0303 




10:18 NCR 2400 








Rule-Making Proceeding 




.0304 




10:04 NCR 246 


01/01/96 




01/01/96 






.0304 




10:05 NCR 301 


11/01/95 




11/01/95 






.0304 




10:15 NCR 1515 


04/01/96 


X 








.0304 




10:16 NCR 1846 


05/01/96 


X 








.0308 - 


.0310 


10:08 NCR 661 


11/01/95 










.0308 




10:08 NCR 661 


02/01/96 










.0313 




10:11 NCR 901 


02/01/96 










.0315 - 


.0316 


10:08 NCR 661 


11/01/95 










.0315 




10:08 NCR 661 


02/01/96 










.0315 




10:16 NCR 1835 


05/01/96 










.0316 




10:04 NCR 246 


01/01/96 




01/01/96 




02C 


.0201 - 


.0216 


10:16 NCR 1848 


05/01/96 








02D 


.0101 
.0501 
.0516 




10:16 NCR 1867 
10:16 NCR 1867 
10:16 NCR 1867 


05/01/96 
05/01/96 
05/01/96 










.0518 - 


.0519 


10:16 NCR 1867 


05/01/96 










.0520 




10:01 NCR 13 


07/01/95 


X X 








.0520 




10:16 NCR 1867 


05/01/96 










.0521 




10:16 NCR 1867 


05/01/96 










.0524 - 


..0525 


10:16 NCR 1867 


05/01/96 










.0531 




10:01 NCR 13 


07/01/95 


X X 


07/01/95 






.0531 




10:15 NCR 1515 


04/01/96 










.0533 




10:16 NCR 1867 


05/01/96 










.0535 




10:16 NCR 1867 


05/01/96 










.0537 




10:16 NCR 1867 


05/01/96 










.0539 




10:16 NCR 1867 


05/01/96 










.0601 




10:16 NCR 1867 


05/01/96 










.0604 




10:16 NCR 1867 


05/01/96 










.0608 




10:16 NCR 1867 


05/01/96 










.0804 - 


.0805 


10:15 NCR 1515 


04/01/96 


X 








.0901 




10:15 NCR 1515 


04/01/96 










.0902 




10:01 NCR 13 


07/01/95 


X X 


07/01/95 






.0902 




10:16 NCR 1867 


05/01/96 










.0909 




10:01 NCR 13 


07/01/95 


X X 


07/01/95 






.0917 - 


.0924 


10:15 NCR 1515 


04/01/96 










.0926- 


.0928 


10:15 NCR 1515 


04/01/96 










.0929 




10:16 NCR 1867 


05/01/96 










.0934 - 


.0935 


10:15 NCR 1515 


04/01/96 










.0937 




10:15 NCR 1515 


04/01/96 










.0951 




10:15 NCR 1515 


04/01/96 










.0952 




10:01 NCR 13 


07/01/95 


X X 


07/01/95 






.0953 - 


.0954 


10:15 NCR 1515 


04/01/96 










.1109- 


.1111 


10:16 NCR 1867 


05/01/96 










.1202 




10:16 NCR 1867 


05/01/96 










.1204 - 


.1206 


10:16 NCR 1867 


05/01/96 










.1301 - 


.1302 


10:15 NCR 1515 


04/01/96 









# 



♦ 



# 



2456 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CUMULATIVE INDEX 



) 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



) 



) 





.1304 






.1402 






.1406 






.1409 






.1701 - 


.1702 




.1801 - 


.1803 




.1901 - 


.1906 


02H 


.0219 
.0610 
.0106 




02P 


.0402 




02Q 


.0102 
.0103 
.0109 






.0201 - 


.0204 




.0207 






.0302 






.0311 






.0401 - 


.0418 




.0501 - 


.0503 




.0507 - 


.0508 




.0526 




03 






03 






031 


.0001 
.0005 
.0018 




03J 


.0103 - 

.0107 

.0202 

.0301 

.0401 

.0402 

.0403 


.0104 


03K 


.0104 - 


.0105 




.0201 - 


.0202 


03 L 


.0301 - 


.0302 


03M 


.0202 
.0204 
.0301 
.0501 






.0503 - 


.0504 




.0506 - 


.0507 




.0510 - 


.0511 




.0512 




03R 


.0003 - 

.0007 

.0011 


.0005 


Permit 






04A 


.0001 
.0005 




04B 


.0016 
.0020 
.0028 






.0029 - 


.0030 


04C 


.0007 - 
.0010 


.0008 


04D 


.0002- 


.0003 


07 






07B 


.0101 






.0201 - 


.0216 




.0401 - 


.0406 




.0501 - 


.0507 



10:15 NCR 1515 


10:01 NCR 13 


10:01 NCR 13 


10:01 NCR 13 


10:01 NCR 13 


10:01 NCR 13 


10:16 NCR 1867 


10:14 NCR 1325 


10:16 NCR 1867 


10:19 NCR 0000 


10:19 NCR 0000 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:15 NCR 1515 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:15 NCR 1515 


10:18 NCR 2317 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:15 NCR 1515 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:02 NCR 56 


10:07 NCR 579 


10:07 NCR 579 


10:07 NCR 579 


10:07 NCR 579 


10:02 NCR 149 


10:07 NCR 579 


10:07 NCR 579 


10:07 NCR 579 


10:07 NCR 579 


10:18 NCR 2317 


10:09 NCR 751 


10:09 NCR 751 


10:09 NCR 751 


10:09 NCR 751 



04/01/96 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
05/01/96 
05/01/96 
05/01/96 



05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
04/01/96 
05/01/96 
05/01/96 
05/01/96 
03/01/96 

03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 

10/01/95 
10/01/95 
10/01/95 
10/01/95 
07/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 

12/01/95 
12/01/95 
12/01/95 
12/01/95 



07/01/95 



01/02/96 
01/02/96 



Temporary Amendment Rule 
Temporary Amendment Rule 



Notice on Subject Matter 
Rule-Making Agenda 



10/01/95 
10/01/95 
10/01/95 
10/01/95 
08/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 



Rule-Making Agenda 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2457 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



I 



07H 


.0106 




10:16 NCR 1921 


04/01/96 




.0208 




10:03 NCR 197 


12/01/95 




.0208 




10:15 NCR 1552 


03/01/96 




.0305 




10:15 NCR 1552 


03/01/96 




.0308 




10:09 NCR 751 


12/01/95 




.0308 




10:15 NCR 1921 


03/01/96 




.0309 - 


.0310 


10:09 NCR 751 


02/01/96 




.1705 




10:09 NCR 751 


12/01/95 




.2201 - 


.2202 


10:03 NCR 204 


12/01/95 




.2203 




10:03 NCR 204 


12/01/95 




.2204 - 


.2205 


10:03 NCR 204 


12/01/95 




.2301 - 


.2305 


10:15 NCR 1552 


03/01/96 


07K 


.0103 




10:09 NCR 751 


12/01/95 


07L 






10:16 NCR 1921 


04/01/96 


07M 


.0300 




10:16 NCR 1921 


04/01/96 




.0400 




10:16 NCR 1921 


02/01/97 


10B 


.0115 




10:06 NCR 338 


10/01/95 




.0115 - 


.0116 


10:16 NCR 1922 


07/01/96 




.0201 - 


.0203 


10:16 NCR 1923 


07/01/96 




.0202 - 


0203 


10:01 NCR 26 


07/01/95 




.0202 




10:04 NCR 249 


08/01/95 




.0208 - 


.0209 


10:16 NCR 1923 


07/01/96 




.0214 




10:01 NCR 26 


07/01/95 




.0214 




10:16 NCR 1923 


07/01/96 




.0220 




10:16 NCR 1923 


07/01/96 




.0302 - 


.0303 


10:16 NCR 1923 


07/01/96 


IOC 


.0205 




10:16 NCR 1923 


07/01/96 




.0301 - 


.0302 


10:16 NCR 1923 


07/01/96 




.0305 




10:16 NCR 1923 


07/01/96 




.0401 




10:16 NCR 1923 


07/01/96 




.0404 




10:06 NCR 338 


12/01/95 




.0404 




10:16 NCR 1923 


07/01/96 




.0407 




10:06 NCR 338 


12/01/95 




.0407 




10:16 NCR 1923 


07/01/96 


10D 


.0002 - 


.0003 


10:01 NCR 26 


07/01/95 




.0002 - 


.0004 


10:16 NCR 1923 


07/01/96 




.0003 




10:04 NCR 250 


08/01/95 




0003 




10:06 NCR 338 


09/01/95 


10F 


.0313 




10:06 NCR 338 


10/01/95 




.0317 




10:01 NCR 26 


07/01/95 




.0323 - 


.0324 


10:11 NCR 904 


12/01/95 




.0339 




10:13 NCR 1159 


02/01/96 




.0339 




10:15 NCR 1565 


02/01/96 




.0360 




10:13 NCR 1159 


02/01/96 


10K 


.0003 




10:13 NCR 1159 


02/01/96 


Wildlife Proclamation/Striped 


Bass 


10:02 NCR 57 


04/10/95 








10:03 NCR 195 


04/15/95 


11 






10:18 NCR 2317 






.0349 




10:16 NCR 1958 


05/01/96 


12 






10:18 NCR 2317 




13 






10:18 NCR 2317 




13A 


.0006 




10:13 NCR 1160 


01/01/96 




.0019 




10:13 NCR 1160 


01/01/96 


13B 


.0101 




10:06 NCR 350 


10/01/95 




.0103 




10:06 NCR 350 


10/01/95 




.0503 




10:06 NCR 350 


10/01/95 




.0802 - 


.0829 


10:06 NCR 350 


10/01/95 




.0901 - 


.0905 


10:16 NCR 1959 


04/01/96 




.1401 - 


.1409 


10:16 NCR 1959 


04/01/96 




.1627 




10:06 NCR 350 


10/01/95 


16 






10:18 NCR 2317 




16A 


.1001 




10:07 NCR 582 


01/01/96 




.1002 - 


.1006 


10:07 NCR 582 


01/01/96 



Notice on Subject Matter 



Notice of Subject Matter 
Notice of Subject Matter 
Notice of Subject Matter 



11/01/95 



07/01/95 
09/01/95 

07/01/95 



12/01/95 

12/01/95 

07/01/95 

09/01/95 

10/01/95 
07/01/95 
12/01/95 



# 



Rule-Making Agenda 

Rule-Making Agenda 
Rule-Making Agenda 



10/01/95 
10/01/95 
10/01/95 
10/01/95 



N/A 



Agency Did Not Adopt 
Rule-Making Agenda 



# 



2458 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CUMULATIVE INDEX 



1 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



) 



18 






10:18 NCR 2317 




18A 


.1720 




10:16 NCR 1977 


04/01/96 




.1722- 


.1723 


10:16 NCR 1977 


04/01/96 




.1725- 


.1727 


10:16 NCR 1977 


04/01/96 




.1801 - 


.1814 


10:13 NCR 1160 


01/01/96 




.1818 




10:13 NCR 1160 


01/01/96 




.2508 




10:06 NCR 350 


01/01/96 




.2509 




10:06 NCR 350 


01/01/96 




.2510 - 


.2511 


10:06 NCR 350 


01/01/96 




.2516 - 


.2519 


10:06 NCR 350 


01/01/96 




.2521 - 


.2524 


10:06 NCR 350 


01/01/96 




.2526 




10:06 NCR 350 


01/01/96 




.2528 - 


.2535 


10:06 NCR 350 


01/01/96 




.2537 




10:06 NCR 350 


01/01/96 




.2540 - 


.2542 


10:06 NCR 350 


01/01/96 




.2543 




10:06 NCR 350 


01/01/96 




.2601 - 


.2602 


10:13 NCR 1160 


01/01/96 




.2618 




10:13 NCR 1160 


01/01/96 




.2624 




10:13 NCR 1160 


01/01/96 




.2632 




10:13 NCR 1160 


01/01/96 




.2635 - 


.2636 


10:13 NCR 1160 


01/01/96 




.2702 




10:16 NCR 1977 


04/01/96 




.3101 - 


.3106 


10:16 NCR 1977 


04/01/96 


19 






10:18 NCR 2317 




19A 


.0401 




10:06 NCR 350 


10/01/95 




.0406 




10:06 NCR 350 


10/01/95 




.0502 




10:06 NCR 350 


10/01/95 


19C 


.0206 




10:05 NCR 305 


10/01/95 




.0601 - 


.0603 


10:16 NCR 1977 


04/01/96 




.0605 - 


.0609 


10:16 NCR 1977 


04/01/96 




.0611 




10:16 NCR 1977 


04/01/96 


19H 


.0702 




10:07 NCR 582 


10/01/95 


20 






10:18 NCR 2317 




20D 


.0233 - 


.0234 


10:13 NCR 1160 


01/01/96 




.0236 




10:13 NCR 1160 


01/01/96 




.0241 - 


.0243 


10:13 NCR 1160 


01/01/96 




.0247- 


.0252 


10:13 NCR 1160 


01/01/96 


21 






10:18 NCR 2317 




21F 


.0801 - 


.0802 


10:13 NCR 1160 


01/01/96 




.0804 




10:13 NCR 1160 


01/01/96 




.1101 - 


.1103 


10:13 NCR 1160 


01/01/96 




.1105 




10:13 NCR 1160 


01/01/96 


23 






10:18 NCR 2317 




24 






10:18 NCR 2317 




24A 


.0102 




10:13 NCR 1160 


01/01/96 




.0202 - 


.0204 


10:13 NCR 1160 


01/01/96 




.0301 




10:13 NCR 1160 


01/01/95 




.0404 




10:06 NCR 350 


10/01/95 


25 






10:18 NCR 2317 






.0213 




10:16 NCR 1996 


04/01/96 


FINAL DECISION LETTERS 






Voting Rights Act 






10 
10 
10 
10 
10 
10 
10 
10 


01 NCR 02 
03 NCR 194 
05 NCR 298 

10 NCR 825 

11 NCR 889 
13 NCR 1084 
15 NCR 1429 
17 NCR 2227 





GENERAL CONTRACTORS LICENSING BOARD 

21 NCAC 12 .0302 10:11 NCR 906 



Rule-Making Agenda 



01/01/96 

01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
N/A 



RRC Obj/Rule Withdrawn 



Agency Did Not Adopt 



Rule-Making Agenda 



10/01/95 
10/01/95 
10/01/95 



N/A Withdrawn by Agency 

Rule-Making Agenda 



Rule-Making Agenda 



10/01/95 



Rule-Making Agenda 
Rule-Making Agenda 



Rule-Making Agenda 



12/01/95 



12/01/95 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2459 



CUMULATIVE INDEX 





Agency /Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 









.0410 




10:11 NCR 906 


12/01/95 


GENERAL STATUTES 








Chapter 150B 






10:13 NCR 1062 




GOVERNOR'S EXECUTIVE ORDERS 




Number 72 






10:01 NCR 01 




Number 73 






10:02 NCR 54 




Number 74 






10:02 NCR 54 




Number 75 






10:03 NCR 191 




Number 76 






10:03 NCR 191 




Number 77 






10:05 NCR 297 




Number 78 






10:06 NCR 336 




Number 79 






10:07 NCR 427 




Number 80 






10:07 NCR 427 




Number 81 






10:08 NCR 639 




Number 82 






10:10 NCR 823 




Number 83 






10:10 NCR 823 




Number 84 






10:12 NCR 981 




Number 85 






10:13 NCR 1061 




Number 86 






10:13 NCR 1061 




Number 87 






10:17 NCR 2222 




Number 88 






10:17 NCR 2222 




Number 89 






10:17 NCR 2222 




HEARING AID DEALERS AND FITTERS BOARD 




21 NCAC 22 A 


.0203 




10:16 NCR 2053 


02/01/96 




.0309 




10:16 NCR 2053 


02/01/96 


22F 


0003 - 


.0004 


10:16 NCR 2053 


02/01/96 




.0007- 


.0008 


10:16 NCR 2053 


02/01/96 




.0013 - 


.0014 


10:16 NCR 2053 


02/01/96 




0016 




10:16 NCR 2053 


02/01/96 




.0018 




10:16 NCR 2053 


02/01/96 




.0020 - 


.0021 


10:16 NCR 2053 


02/01/96 


221 


.0008 - 


0009 


10:16 NCR 2053 


02/01/96 


22K 


.0004 - 


.0005 


10:16 NCR 2053 


02/01/96 


22L 


.0001 




10:16 NCR 2053 


02/01/96 




.0005- 


.0006 


10:16 NCR 2053 


02/01/96 




.0009 - 


.0011 


10:16 NCR 2053 


02/01/96 




.0013 - 


.0015 


10:16 NCR 2053 


02/01/96 


HUMAN RESOURCES 








10 NCAC 03 






10:18 NCR 2399 




03C 


.5301 




10:14 NCR 1232 


03/01/96 




.5401 - 


.5414 


10:14 NCR 1232 


03/01/96 


03 D 


.0808 




10:14 NCR 1238 


02/01/96 




.1301 - 


.1302 


10:14 NCR 1238 


02/01/96 




.1401 




10:08 NCR 641 


11/01/95 




.1401 - 


.1403 


10:14 NCR 1238 


02/01/96 




.1501 - 


.1503 


10:14 NCR 1238 


02/01/96 


03 H 


.0108 - 


.0109 


10:02 NCR 58 


09/01/95 




.0206 - 


.0220 


10:02 NCR 58 


09/01/95 




.0306 - 


.0318 


10:02 NCR 58 


09/01/95 




.0407- 


.0409 


10:02 NCR 58 


09/01/95 




.0505 - 


.0507 


10:02 NCR 58 


09/01/95 




.0510- 


.0517 


10:02 NCR 58 


09/01/95 




.0605 - 


.0609 


10:02 NCR 58 


09/01/95 




.0705 - 


.0712 


10:02 NCR 58 


09/01/95 




.0810 - 


.0812 


10:02 NCR 58 


09/01/95 




.0903 - 


.0911 


10:02 NCR 58 


09/01/95 




.1003 - 


.1008 


10:02 NCR 58 


09/01/95 




.1105- 


.1109 


10:02 NCR 58 


09/01/95 




.1130 - 


.1136 


10:02 NCR 58 


09/01/95 



12/01/95 



03/06/95 
03/15/95 
03/27/95 
03/30/95 
04/03/95 
05/02/95 
05/23/95 
06/07/95 
06/13/95 
06/27/95 
07/27/95 
08/03/95 
08/24/95 
09/12/95 
09/12/95 
10/27/95 
10/27/95 
10/31/95 



11/01/95 



01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 



I 



♦ 



Rule-Making Proceeding 



t 



2460 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CUMULATIVE INDEX 



3 









Fiscal 






Other Information 


Agency /Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Note 


Effective 
Date 


State 


Local 







) 



) 



.1150- 


.1163 


10:02 NCR 


58 


09/01/95 


.1204- 


.1208 


10:02 NCR 


58 


09/01/95 


.1210 




10:02 NCR 


58 


09/01/95 


.1306- 


.1308 


10:02 NCR 


58 


09/01/95 


.1405 - 


.1406 


10:02 NCR 


58 


09/01/95 


.1408 - 


.1410 


10:02 NCR 


58 


09/01/95 


.1501 - 


.1503 


10:02 NCR 


58 


09/01/95 


.1612 - 


.1613 


10:02 NCR 


58 


09/01/95 


.1703 - 


.1704 


10:02 NCR 


58 


09/01/95 


.1804- 


.1807 


10:02 NCR 


58 


09/01/95 


.2001 




10:02 NCR 


58 


09/01/95 


.2101 - 


.2110 


10:02 NCR 


58 


09/01/95 


.2201 - 


.2203 


10:02 NCR 


58 


09/01/95 


.2204 - 


.2206 


10:02 NCR 


58 


09/01/95 


.2207 - 


.2212 


10:02 NCR 


58 


09/01/95 


.2301 - 


.2302 


10:02 NCR 


58 


09/01/95 


.2303 - 


.2308 


10:02 NCR 


58 


09/01/95 


.2401 - 


,2402 


10:02 NCR 


58 


09/01/95 


.2501 - 


.2506 


10:02 NCR 


58 


09/01/95 


.2601 - 


.2607 


10:02 NCR 


58 


09/01/95 


.2701 




10:02 NCR 


58 


09/01/95 


.2801 - 


.2802 


10:02 NCR 


58 


09/01/95 


.2901 - 


.2902 


10:02 NCR 


58 


09/01/95 


.3001 - 


.3005 


10:02 NCR 


58 


09/01/95 


.3011 - 


.3016 


10:02 NCR 


58 


09/01/95 


.3021 - 


.3032 


10:02 NCR 


58 


09/01/95 


.3101 - 


.3103 


10:02 NCR 


58 


09/01/95 


.3104 




10:02 NCR 


58 


09/01/95 


.3201 - 


.3202 


10:02 NCR 


58 


09/01/95 


.3301 - 


.3302 


10:02 NCR 


58 


09/01/95 


.3401 - 


.3404 


10:02 NCR 


58 


09/01/95 


03L .0901 




10:08 NCR 


641 


02/01/96 


.0902 - 


.0907 


10:08 NCR 


641 


02/01/96 


.1001 - 


.1003 


10:08 NCR 


641 


02/01/96 


.1004 




10:08 NCR 


641 


02/01/96 


.1005 - 


.1007 


10:08 NCR 


641 


02/01/96 


.1101 




10:08 NCR 


641 


02/01/96 


.1102- 


.1103 


10:08 NCR 


641 


02/01/96 


.1104 




10:08 NCR 


641 


02/01/96 


.1105- 


.1106 


10:08 NCR 


641 


02/01/96 


.1107 




10:08 NCR 


641 


02/01/96 


.1108 - 


.1110 


10:08 NCR 


641 


02/01/96 


.1111 - 


.1112 


10:08 NCR 


641 


02/01/96 


.1201 




10:08 NCR 


641 


02/01/96 


.1202 




10:08 NCR 


641 


02/01/96 


.1301 - 


.1303 


10:08 NCR 


641 


02/01/96 


.1401 




10:08 NCR 


641 


02/01/96 


.1402 




10:08 NCR 


641 


02/01/96 


03M .0202 - 


.0205 


10:08 NCR 


641 


11/01/95 


.0207 




10:08 NCR 


641 


11/01/95 


03R .0109 - 


.0111 


10:14 NCR 1243 


01/01/96 


.0213 - 


.0215 


10:14 NCR 1243 


01/01/96 


.0303 - 


.0305 


10:14 NCR 1243 


01/01/96 


.0317 




10:14 NCR 1243 


01/01/96 


.0904 




10:14 NCR 1243 


01/01/96 


.1003 




10:14 NCR 1243 


01/01/96 


.1113 




10:14 NCR 1243 


01/01/96 


.1115- 


.1120 


10:14 NCR 1243 


01/01/95 


.1124- 


.1127 


10:14 NCR 1243 


01/01/96 


.1214 




10:14 NCR 1243 


01/01/96 


.1216 




10:14 NCR 1243 


01/01/96 


.1218 - 


.1219 


10:14 NCR 1243 


01/01/96 


.1302 




10:14 NCR 1243 


01/01/96 



01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 

02/01/96 
02/01/96 

02/02/96 
02/01/96 

02/01/96 

02/01/96 

02/01/96 
02/01/96 

02/01/96 
02/01/96 

11/01/95 
11/01/95 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2461 





CUMULATIVE INDEX 










Agency/Rule Citation 


Proposed in 


Proposed 


Fiscal Note 


Effective 




Register 


Date 


State 


Local 


Date 





03T 



14B 



.1304 - 


1309 


10:14 NCR 1243 


01/01/96 


.1413 - 


1414 


10:14 NCR 1243 


01/01/96 


.1418 - 


1419 


10:14 NCR 1243 


01/01/96 


.1613 - 


1615 


10:14 NCR 1243 


01/01/96 


.1618 - 


1619 


10:14 NCR 1243 


01/01/96 


.1713 - 


1714 


10:14 NCR 1243 


01/01/96 


.1719- 


1720 


10:14 NCR 1243 


01/01/96 


.1912 - 


1914 


10:14 NCR 1243 


01/01/96 


.1916- 


1918 


10:14 NCR 1243 


01/01/96 


.2002 




10:14 NCR 1243 


01/01/96 


.2004- 


2011 


10:14 NCR 1243 


01/01/96 


.2117 




10:14 NCR 1243 


01/01/96 


.2120 




10:14 NCR 1243 


01/01/96 


.2319- 


2320 


10:14 NCR 1243 


01/01/96 


.2402 




10:14 NCR 1243 


01/01/96 


.2404- 


2412 


10:14 NCR 1243 


01/01/96 


.2502 - 


2512 


10:14 NCR 1243 


01/01/96 


.2603 




10:14 NCR 1243 


01/01/96 


.2605 




10:14 NCR 1243 


01/01/96 


.2607 - 


2610 


10:14 NCR 1243 


01/01/96 


.2612 - 


2613 


10:14 NCR 1243 


01/01/96 


.2718 - 


2719 


10:14 NCR 1243 


01/01/96 


.2802 - 


2807 


10:14 NCR 1243 


01/01/96 


.2809 - 


2810 


10:14 NCR 1243 


01/01/96 


.3103 




10:14 NCR 1243 


01/01/96 


.3107 - 


3108 


10:14 NCR 1243 


01/01/96 


.3204 




10:14 NCR 1243 


01/01/96 


.3206 - 


3207 


10:14 NCR 1243 


01/01/96 


.3306 




10:14 NCR 1243 


01/01/96 


.3401 




10:14 NCR 1243 


01/01/96 


.3406 - 


3407 


10:14 NCR 1243 


01/01/96 


.3502 - 


3503 


10:14 NCR 1243 


01/01/96 


.3506 - 


3507 


10:14 NCR 1243 


01/01/96 


.3606- 


3507 


10:14 NCR 1243 


01/01/96 


.3706 - 


3707 


10:14 NCR 1243 


01/01/96 


.3806 - 


3807 


10:14 NCR 1243 


01/01/96 


.3902- 


3904 


10:14 NCR 1243 


01/01/96 


.3907- 


3909 


10:14 NCR 1243 


01/01/96 


.4002 - 


4008 


10:14 NCR 1243 


01/01/96 


.4010- 


4012 


10:14 NCR 1243 


01/01/96 


.4102 - 


4107 


10:14 NCR 1243 


01/01/96 


.4202 




10:14 NCR 1243 


01/01/96 


.4204 




10:14 NCR 1243 


01/01/96 


.4206 - 


4207 


10:14 NCR 1243 


01/01/96 


.7001 - 


7008 


10:14 NCR 1291 


01/01/96 


.0102 




10:14 NCR 1297 


02/01/96 


.0201 - 


0210 


10:14 NCR 1297 


02/01/96 


.0301 - 


0303 


10:14 NCR 1297 


02/01/96 


.0401 - 


0403 


10:14 NCR 1297 


02/01/96 


.0501 - 


0505 


10:14 NCR 1297 


02/01/96 


.0601 - 


0605 


10:14 NCR 1297 


02/01/96 


.0701 - 


0703 


10:14 NCR 1297 


02/01/96 


.0801 - 


0803 


10:14 NCR 1297 


02/01/96 


.0901 - 


0902 


10:14 NCR 1297 


02/01/96 


.1001 - 


1002 


10:14 NCR 1297 


02/01/96 


.1102 




10:14 NCR 1297 


02/01/96 


.1113 




10:14 NCR 1297 


02/01/96 


.1116 




10:14 NCR 1297 


02/01/96 


.1202 




10:14 NCR 1297 


02/01/96 


.1204 




10:14 NCR 1297 


02/01/96 


.1212 




10:14 NCR 1297 


02/01/96 


.0501 - 


0503 


10:07 NCR 430 


05/01/96 


.0505 - 


0509 


10:07 NCR 430 


05/01/96 



♦ 



# 



♦ 



2462 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CUMULATIVE INDEX 



} 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



) 



) 



14C .1001 - 


.1006 


10:15 NCR 1435 


02/01/96 


.1008 




10:15 NCR 1435 


02/01/96 


.1010- 


.1018 


10:15 NCR 1435 


02/01/96 


.1101 - 


.1105 


10:15 NCR 1435 


02/01/96 


.1107 




10:15 NCR 1435 


02/01/96 


.1110- 


.1111 


10:15 NCR 1435 


02/01/96 


.1114- 


.1121 


10:15 NCR 1435 


02/01/96 


.1123 




10:15 NCR 1435 


02/01/96 


.1125 - 


.1131 


10:15 NCR 1435 


02/01/96 


.1133 - 


.1160 


10:15 NCR 1435 


02/01/96 


14D .0006 




10:15 NCR 1435 


02/01/96 


14K .0101 - 


.0103 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0219 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0310 


10:07 NCR 


430 


05/01/96 


.0312- 


.0315 


10:07 NCR 


430 


05/01/96 


.0317- 


.0324 


10:07 NCR 


430 


05/01/96 


.0326 - 


.0329 


10:07 NCR 


430 


05/01/96 


.0333 - 


.0348 


10:07 NCR 


430 


05/01/96 


.0350 - 


.0365 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0408 


10:07 NCR 


430 


05/01/96 


14L .0101 - 


.0106 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0203 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0308 


10:07 NCR 


430 


05/01/96 


.0310 




10:07 NCR 


430 


05/01/96 


.0401 - 


.0407 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0606 


10:07 NCR 


430 


05/01/96 


.0609 




10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0709 


10:07 NCR 


430 


05/01/96 


.0711 - 


.0712 


10:07 NCR 


430 


05/01/96 


14M .0101 - 


.0113 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0511 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0602 


10:07 NCR 


430 


05/01/96 


.0604 




10:07 NCR 


430 


05/01/96 


.0606 




10:07 NCR 


430 


05/01/96 


.0608 - 


.0612 


10:07 NCR 


430 


05/01/96 


.0614- 


.0615 


10:07 NCR 


430 


05/01/96 


.0617 - 


.0621 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0716 


10:07 NCR 


430 


05/01/96 


14N .0101 - 


.0107 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0207 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0307 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0406 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0507 


10:07 NCR 


430 


05/01/96 


.0701 




10:07 NCR 


430 


05/01/96 


.0703 - 


.0705 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0811 


10:07 NCR 


430 


05/01/96 


.0901 - 


.0905 


10:08 NCR 


656 


05/01/96 


140 .0301 - 


.0314 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0409 


10:07 NCR 


430 


05/01/96 


.0411 - 


.0416 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0505 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0609 


10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0617 - 


.0618 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0710 


10:07 NCR 


430 


05/01/96 


14V 




10:15 NCR 1479 


05/01/96 


14V .0101 - 


.0104 


10:07 NCR 


430 


05/01/96 


.0101 - 


.0104 


10:13 NCR 1085 


05/01/96 


.0201 - 


.0208 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0208 


10:13 NCR 1085 


05/01/96 


.0301 - 


.0304 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0304 


10:13 NCR 1085 


05/01/96 



Notice on Subject Matter 
Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2463 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 


Other Information 


State 




Date 







0401 - 


.0405 


10:07 NCR 430 


05/01/96 


0401 - 


.0405 


10:13 NCR 1085 


05/01/96 


0501 - 


.0505 


10:07 NCR 430 


05/01/96 


0501 - 


.0505 


10:13 NCR 1085 


05/01/96 


0601 - 


.0604 


10:07 NCR 430 


05/01/96 


0601 - 


.0607 


10:13 NCR 1085 


05/01/96 


0701 - 


.0712 


10:07 NCR 430 


05/01/96 


0701 - 


.0713 


10:13 NCR 1085 


05/01/96 


0801 - 


.0805 


10:07 NCR 430 


05/01/96 


0801 - 


.0805 


10:13 NCR 1085 


05/01/96 


1101 - 


.1103 


10:07 NCR 430 


05/01/96 


1101 - 


.1103 


10:13 NCR 1085 


05/01/96 


1201 - 


.1203 


10:07 NCR 430 


05/01/96 


1201 - 


.1203 


10:13 NCR 1085 


05/01/96 


1301 - 


.1303 


10:07 NCR 430 


05/01/96 


1301 - 


.1304 


10:13 NCR 1085 


05/01/96 


1401 - 


.1403 


10:07 NCR 430 


05/01/96 


1401 - 


.1403 


10:13 NCR 1085 


05/01/96 


1501 - 


.1504 


10:07 NCR 430 


05/01/96 


1501 - 


.1504 


10:13 NCR 1085 


05/01/96 


2101 - 


.2104 


10:07 NCR 430 


05/01/96 


2101 - 


.2104 


10:13 NCR 1085 


05/01/96 


2201 - 


.2204 


10:07 NCR 430 


05/01/96 


2201 - 


.2204 


10:13 NCR 1085 


05/01/96 


2301 - 


.2306 


10:07 NCR 430 


05/01/96 


2301 - 


.2306 


10:13 NCR 1085 


05/01/96 


2401 - 


.2404 


10:07 NCR 430 


05/01/96 


2401 - 


.2404 


10:13 NCR 1085 


05/01/96 


2501 - 


.2505 


10:07 NCR 430 


05/01/96 


2501 - 


.2505 


10:13 NCR 1085 


05/01/96 


3101 - 


.3103 


10:07 NCR 430 


05/01/96 


3101 - 


.3103 


10:13 NCR 1085 


05/01/96 


3201 - 


.3203 


10:07 NCR 430 


05/01/96 


3201 - 


.3203 


10:13 NCR 1085 


05/01/96 


3301 - 


.3303 


10:07 NCR 430 


05/01/96 


3301 - 


.3303 


10:13 NCR 1085 


05/01/96 


3401 - 


.3403 


10:07 NCR 430 


05/01/96 


3401 - 


.3403 


10:13 NCR 1085 


05/01/96 


3501 - 


.3503 


10:07 NCR 430 


05/01/96 


3501 - 


.3503 


10:13 NCR 1085 


05/01/96 


3601 - 


.3604 


10:07 NCR 430 


05/01/96 


3601 - 


.3604 


10:13 NCR 1085 


05/01/96 


3701 - 


.3703 


10:07 NCR 430 


05/01/96 


3701 - 


.3703 


10:13 NCR 1085 


05/01/96 


3801 - 


.3803 


10:07 NCR 430 


05/01/96 


3801 - 


.3803 


10:13 NCR 1085 


05/01/96 


3901 - 


.3903 


10:07 NCR 430 


05/01/96 


3901 - 


.3903 


10:13 NCR 1085 


05/01/96 


4001 - 


.4003 


10:07 NCR 430 


05/01/96 


4001 - 


.4003 


10:13 NCR 1085 


05/01/96 


4101 - 


.4104 


10:07 NCR 430 


05/01/96 


4101 - 


.4104 


10:13 NCR 1085 


05/01/96 


4201 - 


.4203 


10:13 NCR 1085 


05/01/96 


5001 - 


.5002 


10:07 NCR 430 


05/01/96 


5001 - 


.5003 


10:13 NCR 1085 


05/01/96 


5101 - 


.5104 


10:07 NCR 430 


05/01/96 


5101 - 


.5104 


10:13 NCR 1085 


05/01/96 


5201 - 


.5204 


10:07 NCR 430 


05/01/96 


5201 - 


.5204 


10:13 NCR 1085 


05/01/96 


5301 - 


.5303 


10:07 NCR 430 


05/01/96 


5301 - 


.5303 


10:13 NCR 1085 


05/01/96 


5401 - 


.5403 


10:07 NCR 430 


05/01/96 


5401 - 


.5403 


10:13 NCR 1085 


05/01/96 



Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 

Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 



I 



♦ 



# 



2464 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CUMULATIVE INDEX 



1 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



) 



) 



.5501 - 


.5503 


10:07 NCR 


430 


05/01/96 




.5501 - 


.5503 


10:13 NCR 1085 


05/01/96 




.5601 - 


.5603 


10:07 NCR 


430 


05/01/96 




.5601 - 


.5603 


10:13 NCR 1085 


05/01/96 




.5701 - 


.5703 


10:07 NCR 


430 


05/01/96 




.5701 - 


.5703 


10:13 NCR 1085 


05/01/96 




.5801 - 


.5804 


10:07 NCR 


430 


05/01/96 




.5801 - 


.5804 


10:13 NCR 1085 


05/01/96 




.5901 - 


.5903 


10:07 NCR 


430 


05/01/96 




.5901 - 


.5903 


10:13 NCR 1085 


05/01/96 




.6001 - 


.6003 


10:07 NCR 


430 


05/01/96 




.6001 - 


.6003 


10:13 NCR 1085 


05/01/96 




.6101 - 


.6103 


10:07 NCR 


430 


05/01/96 




.6101 - 


.6103 


10:13 NCR 1085 


05/01/96 




.6201 - 


.6202 


10:07 NCR 


430 


05/01/96 




.6201 - 


.6202 


10:13 NCR 1085 


05/01/96 




.6301 - 


.6303 


10:07 NCR 


430 


05/01/96 




.6301 - 


.6303 


10:13 NCR 1085 


05/01/96 




.6401 - 


.6403 


10:07 NCR 


430 


05/01/96 




.6401 - 


.6403 


10:13 NCR 1085 


05/01/96 




.6501 - 


.6503 


10:07 NCR 


430 


05/01/96 




.6501 - 


.6503 


10:13 NCR 1085 


0'5/01/96 




.6601 - 


.6603 


10:07 NCR 


430 


05/01/96 




.6601 - 


.6603 


10:13 NCR 1085 


05/01/96 




.6701 - 


.6702 


10:07 NCR 


430 


05/01/96 




.6701 - 


.6702 


10:13 NCR 1085 


05/01/96 




.6801 - 


.6802 


10:07 NCR 


430 


05/01/96 




.6801 - 


.6802 


10:13 NCR 1085 


05/01/96 




.6901 - 


.6903 


10:07 NCR 


430 


05/01/96 




.6901 - 


.6903 


10:13 NCR 1085 


05/01/96 




15A .0115- 


.0127 


10:13 NCR 1085 


01/01/96 


X 


.0205 - 


.0228 


10:13 NCR 1085 


01/01/96 


X 


18A .0124 - 


.0128 


10:07 NCR 


430 


05/01/96 




.0130 




10:07 NCR 


430 


05/01/96 




.0132- 


.0133 


10:07 NCR 


430 


05/01/96 




.0135 - 


.0136 


10:07 NCR 


430 


05/01/96 




18D .0209 




10:14 NCR 1311 


01/01/96 




18F .0115- 


.0117 


10:14 NCR 1311 


01/01/96 




181 .0114- 


.0120 


10:07 NCR 


430 


05/01/96 




18J .0110- 


.0119 


10:07 NCR 


430 


05/01/96 




.0212- 


.0213 


10:07 NCR 


430 


05/01/96 




.0304 - 


.0311 


10:07 NCR 


430 


05/01/96 




.0507 - 


.0511 


10:08 NCR 


656 


05/01/96 




.0601 - 


.0604 


10:07 NCR 


430 


05/01/96 




.0701 - 


.0715 


10:07 NCR 


430 


05/01/96 




.0801 - 


.0805 


10:07 NCR 


430 


05/01/96 




.0803 




10:02 NCR 


118 


07/01/95 




18K .0109- 


.0116 


10:07 NCR 


430 


05/01/96 




.0262 - 


.0263 


10:08 NCR 


656 


05/01/96 




18L .0107- 


.0108 


10:07 NCR 


430 


05/01/96 




.0223 - 


.0224 


10:07 NCR 


430 


05/01/96 




.0331 - 


.0336 


10:07 NCR 


430 


05/01/96 




.0338 - 


.0339 


10:07 NCR 


430 


05/01/96 




.0428 - 


.0434 


10:07 NCR 


430 


05/01/96 




.0504 




10:07 NCR 


430 


05/01/96 




.0511 




10:07 NCR 


430 


05/01/96 




.0513 




10:07 NCR 


430 


05/01/96 




.0601 - 


.0607 


10:08 NCR 


656 


05/01/96 




.0701 - 


.0705 


10:07 NCR 


430 


05/01/96 




.0707 




10:07 NCR 


430 


05/01/96 




.0801 




10:07 NCR 


430 


05/01/96 




.0803 - 


.0809 


10:07 NCR 


430 


05/01/96 




.0901 - 


.0904 


10:07 NCR 


430 


05/01/96 





Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 



07/01/95 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2465 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



• 





.1001 - 


.1006 


10:07 NCR 


430 


05/01/96 






.1101 - 


.1103 


10:07 NCR 


430 


05/01/96 






.1105- 


.1107 


10:07 NCR 


430 


05/01/96 






.1201 




10:07 NCR 


430 


05/01/96 






.1203 - 


.1206 


10:07 NCR 


430 


05/01/96 






.1301 - 


.1309 


10:07 NCR 


430 


05/01/96 






.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 






.1501 - 


.1525 


10:07 NCR 


430 


05/01/96 




18M 


.0107 - 


.0110 


10:07 NCR 


430 


05/01/96 






.0206 - 


.0213 


10:07 NCR 


430 


05/01/96 






.0304 - 


.0307 


10:07 NCR 


430 


05/01/96 






.0406 • 


.0409 


10:07 NCR 


430 


05/01/96 






.0505 - 


.0506 


10:07 NCR 


430 


05/01/96 






.0607 - 


.0608 


10:07 NCR 


430 


05/01/96 






.0701 




10:07 NCR 


430 


05/01/96 






.0703 - 


.0706 


10:07 NCR 


430 


05/01/96 






.0708 - 


.0714 


10:07 NCR 


430 


05/01/96 






.0801 - 


.0803 


10:07 NCR 


430 


05/01/96 






.0817- 


.0819 


10:07 NCR 


430 


05/01/96 






.0824 - 


.0838 


10:07 NCR 


430 


05/01/96 






.0901 - 


.0908 


10:07 NCR 


430 


05/01/96 






.1001 - 


.1009 


10:07 NCR 


430 


05/01/96* 






.1101 - 


.1106 


10:07 NCR 


430 


05/01/96 






.1203 - 


.1204 


10:07 NCR 


430 


05/01/96 






.1302- 


.1305 


10:07 NCR 


430 


05/01/96 






.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 






.1405 - 


.1410 


10:07 NCR 


430 


05/01/96 




18N 


.0105 - 


.0110 


10:07 NCR 


430 


05/01/96 






.0204 - 


.0212 


10:07 NCR 


430 


05/01/96 






.0305 - 


.0306 


10:07 NCR 


430 


05/01/96 






.0601 - 


.0605 


10:08 NCR 


656 


05/01/96 






.0701 - 


.0709 


10:08 NCR 


656 


05/01/96 




180 


.0517- 


.0524 


10:08 NCR 


656 


05/01/96 




18P 


.0901 - 


.0903 


10:07 NCR 


430 


05/01/96 






.1001 - 


.1004 


10:07 NCR 


430 


05/01/96 




18Q 


.0284 




10:07 NCR 


430 


05/01/96 






.0286 - 


.0287 


10:07 NCR 


430 


05/01/96 






.0520 - 


.0521 


10:07 NCR 


430 


05/01/96 






.0538 - 


.0552 


10:07 NCR 


430 


05/01/96 




19C 


.0209 




10:16 NCR 1708 


02/01/96 






.0408 - 


.0410 


10:16 NCR 1708 


02/01/96 






.0504 




10:16 NCR 1708 


02/01/96 






.0509 - 


.0512 


10:16 NCR 1708 


02/01/96 






.0602 




10:16 NCR 1708 


02/01/96 






.0604 




10:16 NCR 1708 


02/01/96 






.0702 - 


.0703 


10:16 NCR 1708 


02/01/96 




19G 


.0501 - 


.0502 


10:14 NCR 1312 


01/01/96 






.0603 




10:14 NCR 1312 


01/01/96 






.0606 - 


.0612 


10:14 NCR 1312 


01/01/96 






.0803 




10:14 NCR 1312 


01/01/96 






.0806 




10:14 NCR 1312 


01/01/96 






.0817 




10:14 NCR 1312 


01/01/96 






.0823 




10:14 NCR 1312 


01/01/96 




20A 


.0102 




10:16 NCR 1716 


02/01/96 




20B 


.0204- 


.0206 


10:16 NCR 1716 


02/01/96 






.0208 - 


.0210 


10:16 NCR 1716 


02/01/96 






.0218 




10:16 NCR 1716 


02/01/96 






.0222 




10:16 NCR 1716 


02/01/96 






.0224 




10:16 NCR 1716 


02/01/96 






.0226 - 


.0227 


10:16 NCR 1716 


02/01/96 




20C 


.0205 




10:16 NCR 1716 


02/01/96 


X 




.0316 




10:16 NCR 1716 


02/01/96 


X 


26B 


.0105 




10:18 NCR 2398 







♦ 



Rule-Making Proceeding 



♦ 



2466 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CUMULATIVE INDEX 



) 



) 



) 









Hon 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 


Other Information 


Agency/Rule Cita 






State 


Local 


Date 




.0110 




10:08 NCR 660 


10/01/95 


10/01/95 




.0112 




10:16 NCR 1721 


02/01/96 






.0113 




10:16 NCR 1721 


02/01/96 






.0124 




10:02 NCR 118 


07/01/95 


x 07/01/95 


26G 


.0703 - 


.0705 


10:12 NCR 982 


12/01/95 


12/01/95 


26H 


.0212 - 


.0213 


10:13 NCR 1153 


01/01/96 


X 




.0213 




10:02 NCR 118 


07/01/95 


07/01/95 




.0213 




10:14 NCR 1317 


01/01/96 


X 




.0302 




10:04 NCR 228 


08/01/95 


x 08/01/95 




.0304 - 


.0305 


10:04 NCR 228 


08/01/95 


x 08/01/95 




.0308 - 


.0309 


10:04 NCR 228 


08/01/95 


x 08/01/95 




.0508 




10:12 NCR 982 


12/01/95 


12/01/95 


261 


.0101 




10:10 NCR 826 


11/01/95 


12/1 1/95 Filed over RRC Objection 




.0102 




10:10 NCR 826 


11/01/95 


12/01/95 




.0103 




10:10 NCR 826 


11/01/95 


12/1 1/95 Filed over RRC Objection 




.0104 - 


.0107 


10:10 NCR 826 


11/01/95 


12/01/95 


26K 


.0006 




10:15 NCR 1479 


02/01/96 




39D 


.0302 - 


.0303 


10:09 NCR 722 


11/01/95 


11/01/95 




.0304 




10:15 NCR 1483 


02/01/96 


x 


41F 


.0706 




10:03 NCR 196 


08/01/95 


08/01/95 




.0812 




10:03 NCR 196 


08/01/95 


08/01/95 


411 


.0100 




10:17 NCR 2228 




Rule-Making Proceeding 


42B 


.1209 




10:13 NCR 1158 


01/01/96 




42C 


.2010 




10:13 NCR 1158 


01/01/96 




42D 


.1409 




10:13 NCR 1158 


01/01/96 




42H 


.0911 




10:09 NCR 722 


12/01/95 


12/01/95 


42W 


.0001 - 


.0002 


10:10 NCR 828 


11/01/95 


11/01/95 


46A 


.0001 




10:16 NCR 1724 


02/01/96 






.0005 




10:16 NCR 1724 


02/01/96 




46C 


.0107 




10:16 NCR 1724 


02/01/96 




46D 


.0101 




10:16 NCR 1724 


02/01/96 






.0103 




10:16 NCR 1724 


02/01/96 






.0105 - 


.0107 


10:16 NCR 1724 


02/01/96 






.0202 




10:16 NCR 1724 


02/01/96 




46E 


.0108 - 


.0109 


10:16 NCR 1724 


02/01/96 






.0111 




10:16 NCR 1724 


02/01/96 




46F 


.0107 - 


.0108 


10:16 NCR 1724 


02/01/96 






.0110 




10:16 NCR 1724 


02/01/96 




46G 


.0110 




10:16 NCR 1724 


02/01/96 






.0113 




10:16 NCR 1724 


02/01/96 






.0214 




10:16 NCR 1724 


02/01/96 




46H 


.0101 




10:16 NCR 1724 


02/01/96 






.0103 - 


.0105 


10:16 NCR 1724 


02/01/96 






.0108 




10:16 NCR 1724 


02/01/96 






.0110 




10:16 NCR 1724 


02/01/96 






.0201 - 


.0203 


10:16 NCR 1724 


02/01/96 






.0206 - 


.0207 


10:16 NCR 1724 


02/01/96 




47B 


.0404- 


.0405 


10:15 NCR 1483 


02/01/96 




49B 


.0102 




10:15 NCR 1483 


02/01/96 




49C 


.0107 




10:16 NCR 1731 


02/01/96 


x 


SOB 


.0313 




10:14 NCR 1321 


01/01/96 




50D 


.0101 - 


.0103 


10:15 NCR 1479 


02/01/96 






.0201 




10:15 NCR 1479 


02/01/96 






.0301 - 


.0302 


10:15 NCR 1479 


02/01/96 






.0401 - 


.0402 


10:15 NCR 1479 


02/01/96 






.0501 - 


.0503 


10:15 NCR 1479 


02/01/96 




INSURANCE 












11 NCAC 04 


.0120 - 


.0124 


10:15 NCR 1489 


02/01/96 






.0421 - 


.0422 


10:15 NCR 1489 


02/01/96 






.0429 - 


.0430 


10:15 NCR 1489 


02/01/96 






.0501 - 


.0509 


10:16 NCR 1732 


01/01/97 





10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2467 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



06A 



09 



ID 



1 IB 



11C 



11D 



11F 



.0201 




10:16 NCR 1738 


02/01/96 


.0217 




10:16 NCR 1738 


02/01/96 


.0225 - 


.0226 


10:16 NCR 1738 


02/01/96 


.0234 - 


.0236 


10:16 NCR 1738 


02/01/96 


.0240 




10:16 NCR 1738 


02/01/96 


.0301 - 


.0302 


10:16 NCR 1738 


02/01/96 


.0304 - 


.0306 


10:16 NCR 1738 


02/01/96 


.0402 




10:16 NCR 1738 


02/01/96 


.0410 




10:16 NCR 1738 


02/01/96 


.0413 




10:16 NCR 1738 


02/01/96 


.0417 




10:16 NCR 1738 


02/01/96 


.0501 




10:16 NCR 1738 


02/01/96 


.0701 - 


.0705 


10:16 NCR 1738 


02/01/96 


.0808 - 


.0810 


10:16 NCR 1738 


02/01/96 


.0812 




10:04 NCR 246 


08/01/95 


.0813 




10:16 NCR 1738 


02/01/96 


.0901 - 


.0904 


10:16 NCR 1738 


02/01/96 


.0101 - 


.0104 


10:15 NCR 1490 


02/01/96 


.0201 - 


.0203 


10:15 NCR 1490 


02/01/96 


.0105 




10:15 NCR 1492 


02/01/96 


.0605 




10:15 NCR 1492 


02/01/96 


.1102- 


.1103 


10:15 NCR 1492 


02/01/96 


.1110- 


.1111 


10:15 NCR 1492 


02/01/96 


.1603 




10:15 NCR 1492 


02/01/96 


.0111 




10:15 NCR 1503 


02/01/96 


.0114 




10:15 NCR 1503 


02/01/96 


.0140 - 


.0142 


10:15 NCR 1503 


02/01/96 


.0146 




10:15 NCR 1503 


02/01/96 


.0148 




10:15 NCR 1503 


02/01/96 


.0302 - 


.0306 


10:15 NCR 1503 


02/01/96 


.0601 - 


.0602 


10:16 NCR 1751 


02/01/96 


.0604 




10:16 NCR 1751 


02/01/96 


.0607 




10:16 NCR 1751 


02/01/96 


.0610 




10:16 NCR 1751 


02/01/96 


.0612 




10:16 NCR 1751 


02/01/96 


.0616 - 


.0617 


10:16 NCR 1751 


02/01/96 


.0112 - 


.0113 


10:15 NCR 1503 


02/01/96 


.0118 




10:15 NCR 1503 


02/01/96 


.0132 




10:15 NCR 1503 


02/01/96 


.0313 




10:15 NCR 1503 


02/01/96 


.0504 - 


.0505 


10:15 NCR 1503 


02/01/96 


.0108 - 


.0109 


10:15 NCR 1503 


02/01/96 


.0302 - 


.0305 


10:15 NCR 1503 


02/01/96 


.0401 - 


.0405 


10:16 NCR 1756 


02/01/97 


.0307 




10:16 NCR 1764 


02/01/96 


.0326 




10:16 NCR 1764 


02/01/96 


.0415 - 


.0416 


10:16 NCR 1764 


02/01/96 


.0436 




10:16 NCR 1764 


02/01/96 


.0449 




10:16 NCR 1764 


02/01/96 


.0460 




10:16 NCR 1764 


02/01/96 


.0514 




10:16 NCR 1762 


02/01/96 


.0551 




10:18 NCR 2399 




.0552 




10:16 NCR 1764 


02/01/96 


.0562 




10:16 NCR 1764 


02/01/96 


.0822 




10:16 NCR 1764 


02/01/96 


.0824 - 


.0825 


10:16 NCR 1764 


02/01/96 


.0835 




10:16 NCR 1764 


02/01/96 


.0837 




10:16 NCR 1764 


02/01/96 


.0839 




10:16 NCR 1764 


02/01/96 


.0901 




10:16 NCR 1787 


03/01/96 


.0918 - 


.0919 


10:16 NCR 1787 


03/01/96 


.1004 




10:16 NCR 1764 


02/01/96 


.1601 - 


.1604 


10:16 NCR 1764 


02/01/96 



I 



08/01/95 



t 



Rule-Making Proceeding 



t 



2468 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CUMULATIVE INDEX 



} 



Agency/Rule Citation 






Fiscal Note 


Effective 




Proposed in 
Register 


Effective 
Date 


State 


Local 


Date 





) 



> 







.1701 - 


.1709 


10 


16 NCR 1764 


02/01/96 




13 


.0317 




10 


15 NCR 1513 


02/01/96 






.0319 




10 


15 NCR 1513 


02/01/96 




14 


.0202 




10 


15 NCR 1503 


02/01/96 






.0430 - 


.0432 


10 


15 NCR 1503 


02/01/96 






.0603 




10 


15 NCR 1503 


02/01/96 






.0705 




10 


15 NCR 1503 


02/01/96 




16 


.0602 
.0703 




10 
10 


15 NCR 1514 
18 NCR 2399 


02/01/96 






.0704 




10 


11 NCR 


900 


12/01/95 




17 


.0003 




10 


16 NCR 1787 


02/01/96 






.0006 




10 


16 NCR 1764 


02/01/96 




20 


.0101 




10 


16 NCR 1787 


03/01/96 






.0201 - 


.0205 


10 


16 NCR 1787 


03/01/96 






.0301 - 


.0304 


10 


16 NCR 1787 


03/01/96 






.0401 - 


.0410 


10 


16 NCR 1787 


03/01/96 






.0501 - 


.0511 


10 


16 NCR 1787 


03/01/96 






.0601 - 


.0602 


10 


16 NCR 1787 


03/01/96 






.0701 - 


.0703 


10 


16 NCR 1787 


06/01/96 




21 


.0101 - 


.0110 


10 


16 NCR 1787 


03/01/96 


JUSTICE 














12 NCAC 


04E 


.0104 




10:07 NCR 


573 


10/01/95 




07D 


.0201 




10:07 NCR 


575 


10/01/95 






.0204 




10:11 NCR 


900 


12/01/95 






.0301 




10:07 NCR 


575 


10/01/95 






.0401 




10:07 NCR 


575 


10/01/95 






.0701 




10:07 NCR 


575 


10/01/95 






.0706 




10:07 NCR 


575 


10/01/95 






.0801 




10:07 NCR 


575 


10/01/95 






.0806 




10:07 NCR 


575 


10/01/95 






.0808 




10:16 NCR 1796 


02/01/96 






.0902 




10:07 NCR 


575 


10/01/95 






.0904 




10:07 NCR 


575 


10/01/95 




09A 


.0204 




10:02 NCR 


122 


08/01/95 




09B 


.0113 




10:02 NCR 


122 


08/01/95 






.0201 - 


.0202 


10:02 NCR 


122 


08/01/95 






.0205 




10:02 NCR 


122 


08/01/95 






.0206 




10:02 NCR 


122 


08/01/95 






.0210 




10:02 NCR 


122 


08/01/95 






.0212 - 


.0214 


10:02 NCR 


122 


08/01/95 






.0226 - 


.0228 


10:02 NCR 


122 


08/01/95 






.0232 - 


.0233 


10:02 NCR 


122 


08/01/95 




09C 


.0401 




10:02 NCR 


122 


08/01/95 






.0601 




10:02 NCR 


122 


08/01/95 




09D 


.0102 




10:02 NCR 


122 


08/01/95 






.0104 - 


.0106 


10:02 NCR 


122 


08/01/95 




09F 


.0101 - 


.0107 


10:16 NCR 1797 


05/01/96 




10B 


.0102 - 


.0103 


10:09 NCR 


723 


01/01/96 






.0105 




10:09 NCR 


723 


01/01/96 






.0204 




10:09 NCR 


723 


01/01/96 






.0301 




10:09 NCR 


723 


01/01/96 






.0304 




10:09 NCR 


723 


01/01/96 






.0307 




10:09 NCR 


723 


01/01/96 






.0401 - 


.0403 


10:09 NCR 


723 


01/01/96 






.0405 




10:09 NCR 


723 


01/01/96 






.0407- 


.0409 


10:09 NCR 


723 


01/01/96 






.0502 - 


.0503 


10:09 NCR 


723 


01/01/96 






.0505 




10:09 NCR 


723 


01/01/96 






.0601 - 


.0607 


10:09 NCR 


723 


01/01/96 






.0702- 


.0706 


10:09 NCR 


723 


01/01/96 






.0801 - 


.0803 


10:09 NCR 


723 


01/01/96 






.0901 




10 


09 NCR 


723 


01/01/96 



12/01/95 



10/01/95 
12/01/95 

12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 

12/01/95 
12/01/95 
08/01/95 
08/01/95 
01/01/96 
07/01/97 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 

01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 



Rule-Making Proceeding 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2469 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 


Fiscal Note 


Effective 
Date 


Other Information 


Date 


State 


Local 




0903 - .0906 


10:09 NCR 723 


01/01/96 01/01/96 






.0908 - .0912 


10:09 NCR 723 


01/01/96 01/01/96 






.1004 - .1005 


10:09 NCR 723 


01/01/96 01/01/96 






.1201 - .1205 


10:09 NCR 723 


01/01/96 01/01/96 




11 


.0210 


10:05 NCR 301 


09/01/95 10/01/95 




LABOR 










13 NCAC 




10:01 NCR 10 


01/01/96 


Notice on Subject Matter 






10:01 NCR 12 


01/01/96 


Notice on Subject Matter 






10:02 NCR 149 


10/01/95 


Notice on Subject Matter 






10:02 NCR 149 


01/01/96 


Notice on Subject Matter 






10:02 NCR 149 


01/01/96 


Notice on Subject Matter 






10:02 NCR 149 


02/01/96 


Notice on Subject Matter 






10:03 NCR 196 


01/01/96 


Notice on Subject Matter 






10:03 NCR 197 


01/01/96 


Notice on Subject Matter 


06 




10:16 NCR 1799 


04/01/96 


Notice on Subject Matter 


07F 


.0101 


10:16 NCR 1800 


04/01/96 






.0201 


10:16 NCR 1823 


02/01/96 




12 


.0101 


10:02 NCR 142 


08/01/95 






.0303 - .0315 


10:02 NCR 142 


08/01/95 






.0501 - .0502 


10:02 NCR 142 


08/01/95 






.0803 - .0808 


10:02 NCR 142 


08/01/95 




15 




10:16 NCR 1827 


04/01/96 


Notice on Subject Matter 


18 


.0101 - .0110 


10:14 NCR 1323 


01/01/96 




LANDSCAPE ARCHITECTS 








21 NCAC 26 


.0307 


10:15 NCR 1583 


02/01/96 




LIST OF RULES CODIFIED 












10:02 NCR 167 




Rules Filed 03/95 






10:04 NCR 272 




Rules Filed 04/95 






10:06 NCR 392 




Rules Filed 05/95 






10:09 NCR 783 




Rules Filed 06/95 






10:10 NCR 845 




Rules Filed 07/95 






10:12 NCR 1017 




Rules Filed 08/95 






10:15 NCR 1585 




Rules Filed 09/95 


MARRIAGE AND FAMILY THERAPY LICENSURE BOARD 




21 NCAC 31 


.0102 


10:16 NCR 2062 


03/01/96 






.0104 


10:16 NCR 2062 


03/01/96 






.0201 - .0203 


10:16 NCR 2062 


03/01/96 






.0301 - .0304 


10:16 NCR 2062 


03/01/96 






.0401 - .0404 


10:16 NCR 2062 


03/01/96 






.0501 - .0506 


10:16 NCR 2062 


03/01/96 






.0601 - .0609 


10:16 NCR 2062 


03/01/96 






.0701 


10:16 NCR 2062 


03/01/96 






.0801 


10:16 NCR 2062 


03/01/96 






.0901 


10:16 NCR 2062 


03/01/96 




MEDICAL EXAMINERS 








21 NCAC 32B 


.0901 - .0902 


10:10 NCR 831 


11/01/95 12/01/95 




32F 


.0003 


10:10 NCR 831 


11/01/95 12/01/95 




32H 




10:18 NCR 2400 




Rule-Making Proceeding 




.0102 


10:02 NCR 151 


07/01/96 07/01/96 






.0201 


10:02 NCR 151 


07/01/96 07/01/96 






.0203 


10:02 NCR 151 


07/01/96 






.0408 


10:02 NCR 151 


07/01/96 07/01/96 






.0506 


10:02 NCR 151 


07/01/96 07/01/96 






.0601 


10:02 NCR 151 


07/01/95 09/01/95 






.0602 


10:02 NCR 151 


07/01/96 07/01/96 






.0801 


10:02 NCR 151 


07/01/96 07/01/96 






.1001 


10:02 NCR 151 


07/01/96 07/01/96 




32] 


.0003 - .0004 


10:02 NCR 151 


07/01/95 09/01/95 





♦ 







# 



2470 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CUMULATIVE INDEX 



} 



Agency /Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



> 



) 



32M 


.0001 




10:10 NCR 831 


11/01/95 




.0002- 


.0004 


10:10 NCR 831 


11/01/95 




.0005 - 


.0006 


10:10 NCR 831 


11/01/95 




.0007 - 


.0012 


10:10 NCR 831 


11/01/95 


MORTUARY SCIENCE 








21 NCAC 34B 


.0401 




10:13 NCR 1182 


01/01/96 


34D 


.0202 




10:13 NCR 1182 


01/01/96 




.0301 




10:13 NCR 1182 


01/01/96 


NURSING, BOARD OF 








21 NCAC 36 


.0109 




10 


1 1 NCR 908 


01/01/96 




.0202 - 


.0203 


10 


11 NCR 908 


01/01/96 




.0209 




10 


11 NCR 908 


01/01/96 




.0211 




10 


11 NCR 908 


01/01/96 




.0216 - 


.0219 


10 


11 NCR 908 


01/01/96 




.0221 




10 


11 NCR 908 


01/01/96 




.0225 




10 


11 NCR 908 


01/01/96 




.0227 




10 


11 NCR 908 


01/01/96 




.0228 




10 


16 NCR 2068 


02/01/96 




.0318 




10 


11 NCR 908 


01/01/96 




.0320 




10 


11 NCR 908 


01/01/96 




.0322 




10 


1 1 NCR 908 


01/01/96 




.0401 - 


.0405 


10 


10 NCR 839 


12/01/95 


NURSING HOME ADMINISTRATORS 




21 NCAC 37 


.0101 




10:04 NCR 262 


08/01/95 




.0302 




10:03 NCR 206 


08/01/95 




.0404 




10:03 NCR 206 


08/01/95 




.0502 




10:03 NCR 206 


08/01/95 




.0603 




10:03 NCR 206 


08/01/95 




.0904 




10:04 NCR 262 


08/01/95 




.0912 




10:03 NCR 206 


08/01/95 




.0914 




10:03 NCR 206 


08/01/95 


37A 


.0101 




10:16 NCR 2069 


04/01/96 




.0108 




10:16 NCR 2069 


04/01/96 




.0110 




10:16 NCR 2069 


04/01/96 




.0208 




10:16 NCR 2069 


04/01/96 




.0211 




10:16 NCR 2069 


04/01/96 




.0306 




10:16 NCR 2069 


04/01/96 




.0308 




10:16 NCR 2069 


04/01/96 




.0506 




10:16 NCR 2069 


04/01/96 




.0603 - 


.0604 


10:16 NCR 2069 


04/01/96 




.0702 - 


.0707 


10:16 NCR 2069 


04/01/96 




.0805 




10:16 NCR 2069 


04/01/96 




.0901 




10:16 NCR 2069 


04/01/96 




.0905 




10:16 NCR 2069 


04/01/96 




.0907 




10:16 NCR 2069 


04/01/96 




.1203 




10:16 NCR 2069 


04/01/96 


37B 


.0101 - 


.0103 


10:16 NCR 2069 


04/01/96 




.0201 




10:16 NCR 2069 


04/01/96 




.0203 




10:16 NCR 2069 


04/01/96 




.0205 




10:16 NCR 2069 


04/01/96 


37C 


.0101 - 


.0103 


10:16 NCR 2069 


04/01/96 


37D 


.0101 - 


.0102 


10:16 NCR 2069 


04/01/96 




.0201 - 


.0203 


10:16 NCR 2069 


04/01/96 




.0301 - 


.0303 


10:16 NCR 2069 


04/01/96 




.0402 - 


.0406 


10:16 NCR 2069 


04/01/96 




.0408 - 


.0412 


10:16 NCR 2069 


04/01/96 




.0501 - 


.0503 


10:16 NCR 2069 


04/01/96 




.0601 - 


.0603 


10:16 NCR 2069 


04/01/96 




.0605 




10:16 NCR 2069 


04/01/96 




.0701 - 


.0703 


10 


16 NCR 2069 


04/01/96 



01/01/96 
01/01/96 



12/01/95 



08/01/95 

N/A 

N/A 
08/01/95 
08/01/95 

N/A 
08/01/95 

N/A 



Agency withdrew Rule 
Agency withdrew Rule 



Agency withdrew Rule 
Agency withdrew Rule 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2471 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



I 



37E 
37F 
37G 



37H 
371 



.0101 - .0102 
.0101 - .0102 
.0101 - .0102 
.0201 - .0202 
.0301 
.0401 

.0101 - .0104 
.0101 



10:16 NCR 
10:16 NCR 
10:16 NCR 
10:16 NCR 
10:16 NCR 
10:16 NCR 
10:16 NCR 
10:16 NCR 



2069 
2069 
2069 
2069 
2069 
2069 
2069 
2069 



04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 



OPTICIANS 

21 NCAC 40 



.0314 



10:16 NCR 2081 



PASTORAL COUNSELORS, FEE-BASED PRACTICING 



21 NCAC 45 



.0101 
.0201 
.0301 
.0401 
.0501 
.0601 
.0701 
.0801 
.0901 
.1001 



.0203 
.0303 
.0402 



.0802 



10:16 NCR 2082 
10:16 NCR 2082 
10:16 NCR 2082 
10:16 NCR 2082 
10:16 NCR 2082 
10:16 NCR 2082 
10:16 NCR 2082 
10:16 NCR 2082 
10:16 NCR 2082 
10:16 NCR 2082 



02/01/96 



03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 



PHARMACY, BOARD OF 



21 NCAC 46 



.1204 
.1317 
.1401 
.1406 
.1408 
.1410 
.1505 
.1601 
.1607 
.1701 
.1810 
.1910 
.2104 
.2403 
.2502 
.2504 
.2506 
.2602 
.2609 
.2611 



.1404 



.1417 

.1604 

.1705 
.1811 



10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 



NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 
NCR 2085 



05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 



♦ 



PHYSICAL THERAPY EXAMINERS 



21 NCAC 48 A 

48B 
48C 
48D 



48E 



48F 



48G 



.0001 

.0004 

.0002 

.0103 

.0006 

.0008 

.0009 - .0011 

.0011 

.0101 

.0104 

.0110 

.0110 

.0002 

.0003 

.0501 

.0504 



.0516 



10:16 
10:16 
10:16 
10:08 
10:08 
10:08 
10:16 
10:08 
10:16 
10:16 
10:08 
10:16 
10:08 
10:16 
10:08 
10:16 



NCR 2107 
NCR 2107 
NCR 2107 
NCR 671 
NCR 671 
NCR 671 
NCR 2107 
NCR 671 
NCR 2107 
NCR 2107 
NCR 671 
NCR 2107 
NCR 671 
NCR 2107 
NCR 671 
NCR 2107 



02/01/96 
02/01/96 
02/01/96 
10/01/95 
10/01/95 
10/01/95 
02/01/96 
10/01/95 
02/01/96 
02/01/96 
10/01/95 
02/01/96 
10/01/95 
02/01/96 
10/01/95 
02/01/96 



N/A 
10/01/95 
10/01/95 

10/01/95 



10/01/95 
10/01/95 
10/01/95 



Agency withdrew Rule 



♦ 



2472 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CUMULATIVE INDEX 



1 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



.0509 


10:16 NCR 2107 


02/01/96 


.0601 


10:08 NCR 671 


10/01/95 


.0601 


10:16 NCR 2107 


02/01/96 


.0102 


10:16 NCR 2107 


02/01/96 


.0104 


10:08 NCR 671 


10/01/95 


.0701 - .0704 


10:08 NCR 671 


10/01/95 


.0701 


10:16 NCR 2107 


02/01/96 



10/01/95 



10/01/95 
10/01/95 



PLUMBING, HEATING & FIRE SPRINKLER CONTRACTORS 

21 NCAC 50 .0402 10:01 NCR 39 09/01/95 

.0505 10:01 NCR 39 09/01/95 

PROFESSIONAL COUNSELORS 

21 



21 



) 



53 


.0204 - 
.0301 


.0211 




.0305 - 


.0309 




.0310 






.0403 - 


.0405 




.0601 - 


.0604 


>NA1 
56 


LENGI 

.0802 
.0804 
.0902 
.1103 
.1301 
.1602 
.1604 
.1608 
.1707 


NEEF 




.1712 - 


.1713 



PSYCHOLOGY BOARD 

21 NCAC 54 .1604- .1605 



.1608 




.1610 




.1701 




.1703 - 


.1705 


.1707 




.1801 - 


.1803 


.1901 




.1904 




.2001 - 


.2005 


.2007 - 


.2009 


.2101 




.2103 




.2201 - 


.2204 


.2704 - 


.2706 



PUBLIC EDUCATION 

16 NCAC 06 A .0001 - .0002 



06B 


.0001 - 


.0002 




.0004 - 


.0006 


06C 


.0101 
.0313 
.0401 




06D 


.0102 
.0104 
.0106 






.0301 - 


.0302 


06E 


.0101 - 
.0104 


.0102 



10:01 NCR 40 


07/01/95 


10:01 NCR 40 


07/01/95 


10:01 NCR 40 


07/01/95 


10:01 NCR 40 


07/01/95 


10:01 NCR 40 


07/01/95 


10:01 NCR 40 


07/01/95 


LAND SURVEYORS 


10:11 NCR 934 


12/01/95 


10:11 NCR 934 


12/01/95 


10:11 NCR 934 


12/01/95 


10:11 NCR 934 


12/01/95 


10:11 NCR 934 


12/01/95 


10:11 NCR 934 


12/01/95 


10:11 NCR 934 


12/01/95 


10:11 NCR 934 


12/01/95 


10:11 NCR 934 


12/01/95 


10:11 NCR 934 


12/01/95 


10:16 NCR 2111 


03/01/96 


10:16 NCR 2111 


03/01/96 


10: 16 NCR 21 11 


03/01/96 


10:11 NCR 929 


12/01/95 


10:16 NCR 2111 


03/01/96 


10:11 NCR 929 


12/01/95 


10:16 NCR 2111 


03/01/96 


10:16 NCR 2111 


03/01/96 


10: 16 NCR 21 11 


03/01/96 


10:16 NCR 2111 


03/01/96 


10:16 NCR 2111 


03/01/96 


10:16 NCR 2111 


03/01/96 


10:16 NCR 21 11 


03/01/96 


10:16 NCR 2111 


03/01/96 


10:11 NCR 929 


12/01/95 


10:16 NCR 1997 


04/01/96 


10:16 NCR 1997 


04/01/96 


10:16 NCR 1997 


04/01/96 


10:15 NCR 1565 


04/01/96 


10:15 NCR 1565 


04/01/96 


10:17 NCR 2229 




10:16 NCR 1997 


04/01/96 


10:16 NCR 1997 


04/01/96 


10:07 NCR 584 


11/01/95 


10:16 NCR 1997 


04/01/96 


10:16 NCR 1997 


04/01/96 


10:16 NCR 1997 


04/01/96 



09/01/95 

N/A 



07/01/95 
07/01/95 
07/01/95 

07/01/95 
07/01/95 



Agency Did Not Adopt 



11/15/95 Temporary Amendment Rule 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2473 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 






Note 


Effective 




Effective 
Date 




State 


Local 


Date 













.0202 




10:16 NCR 1997 


04/01/96 




06G 


.0301 - 


.0303 


10:16 NCR 1997 


04/01/96 




06H 


.0001 




10:16 NCR 1997 


04/01/96 






.0006 - 


.0008 


10:16 NCR 1997 


04/01/96 


REAL ESTATE COMMISSION 






21 


NCAC 58A 


.0104 




10:16 NCR 2124 


03/01/96 






.0107 




10:16 NCR 2124 


03/01/96 






.0110 




10:02 NCR 157 


07/01/95 






.0113 




10:16 NCR 2124 


03/01/96 






.0302 




10:16 NCR 2124 


03/01/96 






.0401 - 


.0402 


10:16 NCR 2124 


03/01/96 






.0403 




10:04 NCR 263 


08/01/95 






.0502 




10:16 NCR 2124 


01/01/97 






.0503 




10:04 NCR 263 


08/01/95 






.0503 - 


.0506 


10:16 NCR 2124 


03/01/96 






.0504 - 


.0506 


10:02 NCR 157 


07/01/95 






.0505 




10:04 NCR 263 


08/01/95 






.0510 




10:16 NCR 2124 


03/01/96 






.0610 




10:16 NCR 2124 


03/01/96 






.1702 




10:16 NCR 2124 


03/01/96 






.1703 




10:02 NCR 157 


07/01/95 






.1707- 


.1708 


10:02 NCR 157 


07/01/95 






.1708 




10:16 NCR 2124 


03/01/96 






.1710 - 


.1711 


10:02 NCR 157 


07/01/95 






.1711 




10:16 NCR 2124 


03/01/96 




58C 


.0104 




10:16 NCR 2124 


03/01/96 






.0305 - 


.0307 


10:16 NCR 2124 


03/01/96 






.0311 - 


.0312 


10:16 NCR 2124 


03/01/96 




58E 


.0103 




10:02 NCR 157 


07/01/95 






.0203 - 


.0204 


10:02 NCR 157 


07/01/95 






.0203 - 


.0204 


10:16 NCR 2124 


03/01/96 






.0302 - 


0304 


10:16 NCR 2124 


03/01/96 






.0303 - 


.0305 


10:02 NCR 157 


07/01/95 






.0310 




10:16 NCR 2124 


03/01/96 






.0406 - 


.0407 


10:02 NCR 157 


07/01/95 






.0406 - 


.0407 


10:16 NCR 2124 


03/01/96 






.0411 




10:16 NCR 2124 


03/01/96 






.0503 




10:16 NCR 2124 


03/01/96 






.0506 




10:02 NCR 157 


07/01/95 






.0511 




10:16 NCR 2124 


03/01/96 






.0515 




10:02 NCR 157 


07/01/95 


RF.I 


RIGERATIC 


N EXAMINERS 






21 


NCAC 60 


.0102 




10:04 NCR 264 


08/01/95 






.0105 




10:09 NCR 781 


11/01/95 






.0204 




10:04 NCR 264 


08/01/95 






.0314 




10:04 NCR 264 


08/01/95 






.1102 




10:04 NCR 264 


08/01/95 






.1103 




10:09 NCR 781 


11/01/95 


RET 
Tax 


/ENUE 

Review Board 






10:01 NCR 03 




Tax 


Review Board 






10:07 NCR 428 




Tax 


Review Board 






10:09 NCR 716 




Tax 


Review Board 






10:11 NCR 890 




Tax 


Review Board 






10:17 NCR 2224 




17 


NCAC 09G 


.0102 




10:16 NCR 2006 


1 1/30/96 






.0104 - 


.0105 


10:16 NCR 2006 


11/30/96 






.0107 




10:16 NCR 2006 


11/30/96 






.0201 - 


.0203 


10:16 NCR 2006 


11/30/96 






.0301 - 


.0304 


10:16 NCR 2006 


11/30/96 






.0306 




10:16 NCR 2006 


11/30/96 



I 



07/01/95 

08/01/95 

08/01/95 

07/01/95 
08/01/95 



07/01/95 
07/01/95 

07/01/95 



07/01/95 
07/01/95 



07/01/95 
07/01/95 

07/01/95 
07/01/95 



08/01/95 
11/01/95 
08/01/95 
08/01/95 
08/01/95 
11/01/95 



t 



♦ 



2474 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.0402 - .0404 




.0502 - .0509 




.0512 




.0514 




.0516 


09H 


.0102 - .0103 




.0105 




.0202 - .0203 




.0206 - .0210 




.0302 - .0303 




.0305 - .0306 




.0409 


09K 


.0201 - .0206 




.0401 




.0501 - .0513 




.0601 - .0602 


09L 


.0301 - .0302 




.0401 - .0404 


SECRETARY OF STATE 


18 NCAC 




04 


.0102 




.0201 




.0203 




.0205 - .0206 




.0302 - .0308 




.0311 - .0314 




.0316 - .0318 




.0401 - .0402 




.0501 - .0504 


05 


.0101 




.0203 - .0209 




.0304 - .0305 




.0404 


06 


.1205 - .1206 




.1208 




.1302 - .1305 




.1313 




.1402 




.1601 - .1602 




.1604- .1605 




.1607 


07 


.0302 



SOCIAL WORK, BOARD OF 

21 NCAC 63 .0306 

STATE PERSONNEL 

25 NCAC 01 B .0201 

.0203 - .0207 

.0213 

.0414 

.0431 

.0437 - .0439 

.0207 

.0402 - .0408 

.0412 

.0201 

.0205 

.0207 

.0211 

.0401 



01C 



01D 



10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2006 


10:16 NCR 2015 


10:15 NCR 1567 


10:15 NCR 1567 


10:15 NCR 1567 


10:15 NCR 1567 


10:15 NCR 1567 


10:15 NCR 1567 


10:15 NCR 1567 


10:15 NCR 1567 


10:15 NCR 1567 


10:15 NCR 1573 


10:15 NCR 1573 


10:15 NCR 1573 


10:15 NCR 1573 


10:05 NCR 306 


10:05 NCR 306 


10:05 NCR 306 


10:05 NCR 306 


10:11 NCR 906 


10:15 NCR 1575 


10:15 NCR 1575 


10:15 NCR 1575 


10:15 NCR 1578 


10:13 NCR 1185 


10:16 NCR 2155 


10:16 NCR 2155 


10:16 NCR 2155 


10:16 NCR 2155 


10:16 NCR 2155 


10:16 NCR 2155 


10:04 NCR 264 


10:04 NCR 264 


10:16 NCR 2155 


10:04 NCR 264 


10:04 NCR 264 


10:04 NCR 264 


10:04 NCR 264 


10:12 NCR 986 



11/30/96 
11/30/96 
1 1/30/96 
11/30/96 
11/30/96 
11/30/96 
11/30/96 
11/30/96 
11/30/96 
11/30/96 
11/30/96 
11/30/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 



04/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
12/01/95 
02/01/96 
02/01/96 
02/01/96 
02/01/96 



01/01/96 



02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
08/01/95 
08/01/95 
02/01/96 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
12/01/95 



Notice on Subject Matter 



12/01/95 



10.18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2475 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



♦ 



.0406 




10:12 NCR 


986 


12/01/95 


.0504 




10:12 NCR 


986 


12/01/95 


.0509 




10:07 NCR 


588 


10/01/95 


.0510- 


.0511 


10:12 NCR 


986 


12/01/95 


.0515 




10:12 NCR 


986 


12/01/95 


.0520 




10:16 NCR 


2155 


02/01/96 


.0808 




10:04 NCR 


264 


08/01/95 


.0910 




10:12 NCR 


986 


12/01/95 


.1001 




10:04 NCR 


264 


08/01/95 


.1001 




10:12 NCR 


986 


12/01/95 


.1005 




10:12 NCR 


986 


12/01/95 


.1009 




10:04 NCR 


264 


08/01/95 


.1009 - 


.1010 


10:12 NCR 


986 


12/01/95 


.1201 




10:04 NCR 


264 


08/01/95 


.1204 




10:04 NCR 


264 


08/01/95 


.1401 




10:04 NCR 


264 


08/01/95 


.1801 - 


.1802 


10:04 NCR 


264 


08/01/95 


.1928 




10:12 NCR 


986 


12/01/95 


.2001 




10:04 NCR 


264 


08/01/95 


.2301 - 


.2305 


10:16 NCR 2155 


02/01/96 


.2601 - 


.2604 


10:12 NCR 


986 


12/01/95 


01E .0304 - 


.0305 


10:12 NCR 


986 


12/01/95 


.0804 




10:04 NCR 


264 


08/01/95 


.1001 - 


.1002 


10:12 NCR 


986 


12/01/95 


.1110 




10:12 NCR 


986 


12/01/95 


.1402 - 


.1411 


10:07 NCR 


588 


10/01/95 


0IH .0628 




10:12 NCR 


986 


12/01/95 


Oil .2301 - 


.2310 


10:12 NCR 


986 


12/01/95 


01J .0401 - 


.0413 


10:12 NCR 


986 


12/01/95 


.0501 - 


.0511 


10:12 NCR 


986 


12/01/95 


.0604 - 


.0606 


10:07 NCR 


588 


10/01/95 


.0608 




10:07 NCR 


588 


10/01/95 


.0610 - 


.0615 


10:07 NCR 


588 


10/01/95 


.0801 - 


.0809 


10:12 NCR 


986 


12/01/95 


OIK .0312 




10:04 NCR 


264 


08/01/95 


.0318 




10:12 NCR 


986 


12/01/95 


.0701 - 


.0705 


10:12 NCR 


986 


12/01/95 


.0707 - 


.0708 


10:12 NCR 


986 


12/01/95 


OIL .0101 - 


0106 


10:12 NCR 


986 


12/01/95 



12/01/95 
12/01/95 
10/01/95 
12/01/95 
12/01/95 



12/01/95 

12/01/95 
12/01/95 

12/01/95 



12/01/95 
08/08/95 

12/01/95 
12/01/95 

12/01/95 
12/01/95 
10/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
10/01/95 
10/01/95 
10/01/95 
12/01/95 

12/01/95 
12/01/95 
12/01/95 
12/02/95 



I 



SUBSTANCE ABUSE PROFESSIONALS CERTIFICATION BOARD 

21 NCAC 68 10:18 NCR 2401 

.0501 - .0511 10:14 NCR 1382 02/01/96 

.0601-0610 10:14 NCR 1382 02/01/96 



Rule-Making Proceeding 



THERAPEUTIC RECREATION CERTIFICATION BOARD 



21 NCAC 


65 


.0004 




10:16 NCR 2140 


02/01/96 






.0006 - 


.0007 


10:16 NCR 2140 


02/01/96 


TRANSPORTATION 








19A NCAC 


02D 


.0415 




10:12 NCR 984 


12/31/95 






.0801 




10:04 NCR 254 


09/01/95 






.1101 - 


.1112 


10:16 NCR 2015 


03/01/96 




03 D 


.0517 




10:16 NCR 2020 


02/01/96 






.0549 




10:16 NCR 2020 


02/01/96 






.0551 - 


.0553 


10:16 NCR 2020 


02/01/96 




04A 


.0004 




10:10 NCR 829 


12/01/95 




06B 


.0401 - 


.0417 


10:16 NCR 2023 


03/01/96 


VETERIN^ 


lRY MEDICAL BOARD 






21 NCAC 


66 


.0101 




10:16 NCR 2143 


04/01/96 






.0105 - 


.0106 


10:16 NCR 2143 


04/01/96 






.0108 




10:16 NCR 2143 


04/01/96 



10/01/95 



12/01/95 



I 



2476 



NORTH CAROLINA REGISTER 



December 15, 1995 10:18 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



.0201 - 


.0203 


10:16 NCR 2143 


04/01/96 


.0205 - 


.0210 


10:16 NCR 2143 


04/01/96 


.0301 




10:16 NCR 2143 


04/01/96 


.0303 - 


.0308 


10:16 NCR 2143 


04/01/96 


.0310- 


.0311 


10:16 NCR 2143 


04/01/96 


.0601 




10:16 NCR 2143 


04/01/96 


.0606 




10:16 NCR 2143 


04/01/96 


.0703 




10:16 NCR 2143 


04/01/96 



10:18 



NORTH CAROLINA REGISTER 



December 15, 1995 



2477 



I 



I 



I 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 







ONE-TIME 


ANNUAL 






PURCHASE 


SUBSCRIPTION 




CODE 


PRICE 


PRICE 




201 00 00 


$63.00 


$90.00 




201 10 05 


$21.00 


$30.00 




201 10 33 


$17.50 


$25.00 




202 00 00 


$98.00 


$140.00 




202 16 09 


$28.00 


$40.00 




202 1 6 34 


$21.00 


$30.00 




202 1 5 43 


$21.00 


$30.00 




202 1 6 48 


$21.00 


$30.00 




202 1 5 52 


$21.00 


$30.00 




203 00 00 


$7.00 


$10.00 




204 00 00 


$87.50 


$125.00 




204 1 5 02 


$12.00 


$40.00 




204 15 03 


$24.50 


$35.00 




204 15 06 


$14.00 


$20.00 




204 15 09 


$14.00 


$20.00 




204 15 10 


$14.00 


$20.00 




204 15 16 


$24.50 


$35.00 




206 00 00 


$56.00 


$80.00 




205 1 5 02 


$24.50 


$35.00 




206 00 00 


$21.00 


$30.00 




207 00 00 


$21.00 


$30.00 




208 00 00 


$7.00 


$10.00 


e 


209 00 00 


$31.50 


$45.00 




210 00 00 


$346.50 


$495.00 




210 20 10 


$45.60 


$65.00 




210 20 20 


$31.60 


$45.00 




210 20 30 


$77.00 


$110.00 




210 20 40 


$119.00 


$170.00 




210 20 41 


$31.50 


$45.00 




210 20 42 


$31.50 


$46.00 




210 20 43 


$28.00 


$40.00 




210 20 44 


$17.50 


$26.00 




210 20 45 


$36.00 


$60.00 




211 00 00 


$63.00 


$90.00 




211 1001 


$56.00 


$80.00 




211 10 04 


$24.50 


$35.00 




211 1006 


$17.60 


$25.00 




211 1006 


$28.00 


$40.00 




211 1008 


$21.00 


$30.00 




212 00 00 


$63.00 


$90.00 




212 1007 


$21.00 


$30.00 




212 10 09 


$31.50 


$45.00 




212 10 11 


$17.50 


$25.00 




213 00 00 


$77.00 


$110.00 




213 15 06 


$14.00 


$20.00 




213 20 00 


$31.50 


$45.00 




213 15 12 


$14.00 


$20.00 




213 15 13 


$14.00 


$20.00 




213 15 14 


$14.00 


$20.00 




213 15 15 


$14.00 


$20.00 


nue 


214 00 00 


$31.50 


$45.00 




214 00 08 


$17.60 


$25.00 




21400 11 


$14.00 


$20.00 


Full Title 


215 00 00 


$276.50 


$395.00 




215 15 00 


$115.50 


$165.00 




215 15 10 


$49.00 


$70.00 




215 15 20 


$49.00 


$70.00 




215 15 30 


$56.00 


$80.00 




215 15 31 


$35.00 


$50.00 




216 15 32 


$17.50 


$25.00 



TitJe 1 - Dept. of Administration 

Division of Purchase & Contract 
Federal Block Grant Funds 



Full Title 



Title 2 - Dept. of Agriculture - Full Tide 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Full Title 

Title 4 - Dept. of Commerce - Full TitJe 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 

Trde 5 - Dept. of Corrections - Full Trde 

Division of Prisons 

Tide 6 - Councl of State - Full Tide 

Trde 7 - Dept. of Cultural Resources - Full Tide 

Trde 8 - State Board of Elections - Full Trde 

Title 9 - Offices of the Governor & Lt. Governor - Full Tide 

Trde 10 - Dept. of Human Resources - Full Trde 

Licensing of Health Facilities 

Detention Facilities 

Mental Hearth & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Trde 1 1 - Dept. of Insurance - Full Tide 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineering & Building Codes 

Tide 12 - Dept. of Justice - Full Trde 

Private Protective Services 

Police & Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Tide 13 - Dept. of Labor - Full Trde 

Mine & Quarry Safety 

General Safety/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Tide 14A - Dept. of Crime Control & Public Safety - Full 

Alcohol Law Enforcement 
Victims Compensation Fund 

Tide 15A - Dept. of Environ., Health, & Nat. Resources 

Environmental Management 

Air Quality 

Water Quality 

Land & Waste Management 

Solid Waste Management 

Underground Storage Tanks 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


216 15 40 


$31.50 


$46.00 


216 25 00 


$105.00 


$150.00 


215 25 10 


$42.00 


$60.00 


215 25 20 


$35.00 


$50.00 


215 25 30 


$59.50 


$85.00 


215 25 31 


$17.50 


$25.00 


216 00 00 


$21.00 


$30.00 


216 1006 


$21.00 


$30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


$31.50 


$45.00 


217 15 20 


$56.00 


$80.00 


217 15 27 


$31.50 


$45.00 


217 15 29 


$21.00 


$30.00 


218 00 00 


$21.00 


$30.00 


218 10 06 


$21.00 


$30.00 


219 00 00 


$63.00 


$90.00 


219 10 02 


$28.00 


$40.00 


219 10 03 


$35.00 


$50.00 


220 00 00 


$31.50 


$45.00 


221 00 00 


$143.50 


$205.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


225 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$375.00 


$750.00 


266 00 00 




$750.00 


266 60 00 




$250.00 


288 50 00 


$295.00 


$475.00 


288 80 00 


$40.00 


$75.00 


299 90 00 


$16.00 





CoaBtat Management 

Environmental Health 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

Intoxilizer & Breathalyser 

Title 16 - Dept. of Public Instruction - Full Title 

Elementary & Secondary Education 

Title 1 7 - Dept. of Revenue - Full TWe 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Title 18 - Secretary of State - Full Title 

Securities Division 

Title 1 9A - Dept. of Transportation - Full Title 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer - Full Title 

Title 21 - Occupational Licensing Boards - Full Title 

Title 22 - Administrative Procedures Act - Repealed 

Title 23 - Dept. of Community Colleges - Full Trde 

Title 24 - Independent Agencies - Full Trde 

Title 25 - Office of State Personnel - Full Title 

Title 26 - Office of Administrative Hearings - Full Title 

Title 27 ■ North Carolina State Bar - Full Tide 

North Carolina Administrative Code - Full Code 

(Add $85.00 Shipping and Handling) 

CD-ROM North Carolina Administrative Code 
CD-ROM North Carolina Administrative Code 

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Master Index 

Master Table of Contents 

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Office of Administrative Hearings 

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05 '24/96 4B22B